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The Madras City Police Act, 1888

Act 3 of 1888

Keyword(s): City of Madras, Conviction, Imprisonment, Common Gaming House, Instruments of Gaming, Public Place, Cattle, Subordinates Ranks Amendments appended: 3 of 1907, 20 of 1942, 7 of 1949, 4 of 1975, 17 of 1975, 39 of 1976, 63 of 1979, 64 of 1979, 35 of 1981, 38 of 1985, 23 of 1995, 41 of 1995, 18 of 1998, 1 of 1999, 43 of 2007

314 Madras Czty Polic4. 11888 . T N. Act III

THE MADRAS CITY POLICE ACT, 1888. TABLE OF CONTENTS.

PREAMBLE. SECTIONS.

1. Short title. Local extent.

2. Repealed. 3. Interpretation-clause. 4. [Omitted].

5. Administration vested in the Commissioner of Police.

Administration of police employed a t railway stations, etc., may be vested in the Inspector-General of Polioe.

6. Appointment of Deputies or Assistants to the Commissioner.

7. Comlnissioner's power as a Magistrate.

8. Commissioner and his Deputies and Assistants to be Justices of the Peeoe.

9. Constitution of Police-force.

10. Commissioner to make rules for the government r d r tbe foroe.

11. Commissioner may dismiss, etc., members of the subordinate ranks of the forde.

12. Members of the force to receive oertificates of enrolment. Form of enrolment.

13. Members of the subordinate ranks not to resign without leave or notice.

14. Members to deliver up certificate, clothing, eto.' on resignation.

15. Penalty for neglecb or violation of duty.

16. Power of Police enrolled under Central Act XXlV of 1869.

17. Appointment of special police officer.

1888 : T.N. Act 1111 Madras City Police

SECTIONS. 18. Powers of special police officer.

19. Penalty for speoial polioe oflcer negleotiag or rofi~aing; to serve.

20. Power to quartor additional Police in disturbotl parts.

21. Power to appoint additional polioe officers.

22. Recovery of moneys due.

23. Duties of polioe officers.

24. Powers of police officer and agent of the Society for the Prevention of Cruelty to Animals to arrest without warrant on view of offence.

25. Apprehension of offenders by private individual.

26. Power to search for stolen property without warrant.

27. Power to seize property regarding which an offenoe is suspected.

28. Pawn-brokers, etc., to report stolen property tendered to them.

29. Power to fix period within which stray dogs may be killed.

30. Power to take ohorge of property of intestate under 200 rupees and deliver to party entitled.

31. Certain provisions of Criminal Procedure Code fo apply.

32. Commissioner to keep standard weights and measures.

33. Power of Police to enter shops to inspect weights and measures.

34. Places of public resort to be licensed.

36. Eating-houses, eto., to be licensed.

36. Conditions for issue of licences.

37. Penalty for omission to procure lioences.

316 Madras City Police [I888 : T.N. Act 111

88. Power to enter and inspeot licensed and un- lioemed places.

39. Power to make rules for regulation of plaoes of public entertainment or resort.

40. Service of oopy of order made on owner.

40-A. Prohibition of smoking in certain . plaoes where entertainments are held.

41. Power to regulate cssemblies, meetings and prooessions in publio plaoes, eto.

42. Power to grant warrant to enter common gaming-houses.

43. Evidence as to oommon gaming-house.

44. Proof of playing for stakes. unneoessary.

45. Penalty for opening, etc., common gaming-house.

46. Penalty for gaming in common gaming-house.

47. Instruments of gaming may be destroyed on oonviotion.

48. Indemnification of witnesses.

49. Saving of games of skill.

49-A. Penalty for opening etc., any enclosure, eto., for oertain forms of gaming.

80. Payment of portion of fine to informants aiid Polioe-officers .

61. Penalty for cheating at games.

51-A. Power to &red removal of persom from City in speoial mee.

52. Brothels.

53. Penalty for cruelty to animals.

64. Appointment of infirmary for animals.

58. Magistrate may order animal to be destroyed or aent to idktmry.

I888 : T.N. Act 1111 Madras City Police

66. Animals sent to infirmary may be detained and shall be removed after notioe.

67. Power to sell such animals in default of payment of oharges, etc.

68. Power of Magistrate fo order delivery of animal.

69. Costs of inquiries.

60. Stray animals to be impounded.

61. Powers of Police and the Tamil Nadu Fire Serviaes on the oocasion of fire.

62. Cost of establishments, etc., for extinguishing fire.

62-A. Penalty for false alarm of fire.

63. Penalty for wilful trespass.

64. Penalty for being found armed between sunset and sunrise intending to oommit an offenoe, eto.

66. Penalty for possession of property believed to have been stolen.

66. Penalty for buying or taking pledge from a ohild .

67. Penalty for introdueing spirits, etc., into barraoka or on board vessels of war.

68. Penalty for introduoing spirits, eto., into hospitals.

69. Penalty for oarrying weapon without authority.

70. Penalty for harbouring deserters from vessels.

71. Penalty for oertain offences in publio plaoe- (i) Rash or negligeut driving ; (ii) Causing obatruotion by negligence in driving

osttle ; (iii) Driving, eto., elephant or camel without

Commiesioner's permiasion ;

$18 Nabrccs City Police 11888 : !I'.N.Act IU

(iv) [Omitted] ; (v) Driving, etc., otherwise than in accordance

with the rules of the road ; (vi) Driving, etc., vehicles without springs

otherwise than on side of road ; (vii) ' ~ r i v i n ~ , etc., animal or vehicle on foot-way; (viii) Permitting cattle or vehicle to be under

conmrol of ohild ; (ix) Leaving vehicle or oattle without due control ; (x) Exposing for show animals or vehicles,making

or repairing vehicle, etc. ; (xi) Obstructing thoroughfare ; (xii) Letting loose horses or ferocious doga ; (xiii) Conveying artiole which proje~ts more than

five feet; (xiv) Flying a kite, wantonly frightening horses,

eto. ; (m) Playing music, beating tom-tom, eto.; (xvi) Uxing bills or defacing walls ; (mii) Bathing in public street or aqueduot ; (miii) Intruding on or fouling bathing-place; (xix) Using indecent or threatening language ; (EX) Repealed ; (xzci) [Omitted].

71-A. to 71.L Repealed.

71-M. [Omitted.]

72. Penalty for gambling or cook-fighting in public place. 5'3. Penalty for committing nuisance in public

place.

74. Penalty for lighting bonfire, burning strew, discharging fire-arm, eto., in or near any publio plaoe.

76;. Penalty for drunkenness or riotous or indecent behaviour in public plaoe, eto.

1!388: T.N. Act 1111 Madras City Police

SEOTIONS. 76. Power to cancel or suspend any licenoe and

penalty for breach of conditions of licences. 77. Fee for lioenoe.

78. Power to make by-laws.

79. By-laws to be published in English and verna- cular.

! 80. Penalty for breach of by-law.

81. Limitation of aotions.

82. Saving of penalty provided by other law. Sohedule [Repealed].

320 Madras City Police [IS88 : T.N. Act III

'(TAMIL NADU) ACT NO. I11 OF 18888. WE &RBS CITY POLICE ACT, 1888.1

(Received the msent of the Governor on the 12th April 1888, a;nd t h t of the Governor-General

on the 26th June 1888.)

An Act to regulate the Police of the City of Madras*

preamble. WHEREAS it is expedient to amend and consolidate the provisions of the laws for regulating the Police of the City of Madras ; It is enacted as follows :-

~ h ~ ~ b 2 i d l e . I. (1) This A& may be cited as the Madras City Police Act, 1888.

Looel extent. (2) I t extends to the whole of the city of Madras as dehed in section 3.

3[(3) * * * * * * *I 2. [ E w t m n t s repealed.] Rep. by the Repealing

and Amending Act, 1901 (Central Act X I of 1901). Interprete- 3. In this Act, unless there be something repug-

tion-olaues. nant in the subject or contet;,- w City of City of Madras " inoludes all places

Madras." within the local limits of the ordinary original jurisdiction of the High Court of Judicature of Madras :

1 These words were substituted for the word " M a s " by the Tamil Nadu Adaptation of Laws Order, 1969, ee mended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, whioh came into foroe on the 14th January 1969.

BFor Statem~nt of Objects end Reasons, eeu Fort St. George QozsUe Supplement, dated the 8th November 1887, p. 17 ; for Report . of the Select Committee, see *id, dated the 31st January 1888, p. 1 ; for Proceedings in Counoil, see ibid,dated the 29th Novem. ber 1887, p. 2 and *id, dated the 27th March 1888, p. 8,

The Madras City Polioe and Gaming (Amendment) Aot, 1949 (Tamil Nadu Act VII of 1949) was extended to the merged State of Pudukkottai by section 12 of the l'd Nadu Merged S t a h (Laws) A o ~ , 1949 ( T d N e d ~ Act XXXV of 1949).

Certainre~triations respecting right to form association and freedom of speeoh and expression have been impoaed on every member of the polioe-force appointed or enrolled under the Madras City Police Act, 1888 (Tamil Nadu Act ILI of 1888) or the Tamil Nadu District Police Aot, 1869 (Central Act m- of 1869) by seotion 3 of thePolice-Forces (Re3triotion of Rights) Act, 1966 (Central Act 33 of 1966), whioh Centrel Act has not, however, been brought into force in this Btete so far.

8 The worda 6 6 I t shall come into foroe a t once" were repealed by the Repealing and Amending Aot, I901 (Central Aot XI of 1901)-Third Bohedule, Part III.

-1888i ' T.N. Aet 1111 Hdras City Police 32 1

"Commissioner " means the Commissioner of ''Cpmi;; Polioe for Madras l[referred to in] section 6 : sioner.

" oonviction " means the conviction of the " Convic- aooueed person before a Presidency Magistrate* tion. "

E b t d " imprisonment " means imprisonment of "impris0n' meat." & either description as defined in the Indian Penal Code: XLV of a~rcommon gaming-house " means any house, 6' c0,,, 1860' room, tent, enclosure, vehicle, vessel or any place gaming-

whatsoever in which cards, dice, tables or other "

instnments- of gaming are kept or used for the profit or gain of the person owning, occupying, using, ..or keeping such house, room, tent, enolosure, vehicle, vessel or plaae, whether by way of charge for the use of instruments of gaming or of the house, room, tent, enclosure, vehicle, vessel or place, or otherwise howsoever; and includes any house, room, tent, enclosure, vehicle, vessel or*$i+. place opened, kept or used or permitted to be opened, kept or used for the purpose of gaming;]

3 Gaming ' does not include a lottery but includes "Gaming." wagering or betting, except wagering or betting on a horse-race when such wagering or betting takes place-

1 Thesewords were substituted for the words " appointed under" by motion 3 (1) of, and the Bemnd Schedule to, the Tamil Nadu Repeeling snd Amending Act, 1951 (Tamil Nadu Act XIV of 1961).

This deflmtion wes substituted for the original defhition by seotien 2 (i) ofthe Madras City Police and Gaming (Amend- ment) Act, 1966 (Tamil Nadu Act XVI of 1956).

8This definition was substituted for the original definition by seation 2 (i) of the Madrm City Police (Seoond Amendment) Act, 1941 (Madraa Aot XXII of 1941), re-enacted permanently by section 2 of, and the First Schedule to, the Tam11 Nadu Re-enaoting (No. 11) Act, 1948 (Tamil Nadu Act VIII of 1948). This definition hea since been further substituted as follows by section 2 of the Madraa City Police and Gasling (Amendment) Act, 1949 (Tamil Nada Aot VII of 1949);_

"Garmng" doee not Include s lottery but includes wagering or betting.

Eqtamt&m.-For the purposes of this definition, wagering or betting shall be deemed to comprise .the coUection or .soliciting of bets, the receipt or dietributian of wmmngs or prues, in money or otherwise, in respect of any wager or bet, or any act which is intended to eid or faoilitatate ?-ring or betting or such colleotion, aohit' , m i p t or d18tnbutlon".

City Police and Gaming (Amendment) Act, 1949 (Tamil Nadu Act M af lQ49) has further been amended by the T a i l Nedu B o w Races (Abolition of Wagering or Betting) Act, 1974 (Tamil Nadu Act 44 of 1974) providing for the abolition of wagering or betting on horse rnaes in the State of Tamil Nadn with effecf on and from the 31st b c h 1976.

* Now the Metropolitan a@=*. 128-1*21

-

822 , llladraa City Police [I888 : T.N. Aet I*

(i) on the date on whioh such race ie to be run, and

(ii) in a placte or pkces within the race enclo- sure which the authority controlling suoh race hss with the sanction of the l[State] Government set I

apart for the purpose.

For the purposes of this definition, wagering or betiting shall be deemed to comprise the collection or soliciting of bets, the receipt or distribution of winnings or prizes, in money or otherwise, in respeot of any wager or bet, or any act which is intended fo aid or facilitate wagering or betting or suoh oolleo- tion, soliciting, receipt or distribution].

"fnstmments 2[tc Instruments of gaming " include any artiole ofgamingW. used or intended to be used as a subject or means

of gaming, any document used or intended to be used as a register or record or evidence of any gaming, the proceeds of any gaming, and any winnings or prizes in money or otherwise distributed or intended to be distributed in respect of any gaming.]

" Public 3[16 Public place " means a place (inoluding a p h e . " road, street or way, whether a thoroughfare or noti

and a landing pboe) to which the publio are granted access or have a right to resort, or over which they have a right to pass.]

a # Cattle. w " cattle " includes horned cattle, horsee, asses, mules, sheep, goats, swine, camels and elephants.

1 The word ' State ' was substituted for the word ' Provinoial ' by the Adaptation Order of 1960.

aThis definition of "Instruments of gaming " was substituted for the original definition by section 2 (ii) of the Madrm City Polioe (Seoond Amendment) Act, 1041 (Madras Act XXII of 1941). This Aot waa permanently re-enacted by seotion 2 of, and the Firat Schedule to, the Tamil Nadu Re-enaoting (No. 11) Aot, 1048 (Tamil Nadu Act VII I of 1948).

aThis definition was inserted by ,seotion 2 (i) of the Madrse City Police and Towns Nuisances (Amendment) Act, 1941 (Msdrcu Aot XXIII of 1941), permanently r e - w t e d by section 2 (1) of, end the Birat Schedule to, the Tamil Nadu Re-~naoting Aot, 1948 (Tamil Nadu Act X of 1949).

1888 : T.B. Act a ' I

ivack.~ City P o l k 323 \ . i

subordinate DnLs " means the ranlre inferior " Eprh&. ,, to that of Assidant Commissioner].

5. The dmhistration of the Polioe of the City of Administration Madras shall be vested in an offioer to be styled the vested in the Commissioner Commissioner of Polioe for Msdras * *I: of Police.

'movided that the s(stSte Government) may, ~amin$hation of Polioe by notificution in the [Offioial Gazette] which '(they) employed at

may canoe1 or vary, a t any time direct that the aclminin- railway etatione fration of suoh of the Polioe within the City of Madras eta., mas be

vested in the as are or may be employed a t any railway stations or on any railway premises or within the limits of any &nerel of railway or part of any railway situated within the P o ~ ~ w * limits of the Citv of Madras, shall be vested in the Inapeotor-&nerd of Police, A d from and after the issue of suoh notifioation the powers under this Act of the Commissioner and of his deputies or assistants in respeot of suoh Police shalloease, and the Inspehr- General of Polioe and under his control such officers as shall be appointed by the &(State Government) to be Superintendent or AssistanC Superintendent of Railway Polioe, shall as regards suoh Polioe exeroise all the powers of the Commissioner of Polioe under this Aot, save that the power oonferred on the Commissioner by section 10 shsll, in respect of suoh Polioe, be exercised by the Inspector-General of Police done.]

1 Thie deftnition waa ineerted by the Adaptation Order of 1937. a Thie eeofion wee repealed by section 3 of, and the Second Sche-

dule to, the Tamil Nadu Repealing and Amending Act, 1957 ( T ~ i l Nadu Act XXV of 1967).

8 The worda " who ahall from time to time be appointed by the @-or in Counoil of Fort st. W r g e and may be removed by the same authority" were omitted by the Adeptation Order of 1937

4 Thie provim wae added by eeotion 1 of Madres Act 111 of 1898. An to the oontrol by the Inepeotor-@nerd of Police of the City Polioe, see W a e Aot III of 1907.

6The worda "Provhcid Govefpment" were substituted for the worde "Governor in Co,ycil by the Adaptation Order of 1937 and the word "State wee substituted for "Provinoid " by the Adaptation Order of 1910.

6 These words were mbatituted for the wor& b6 For6 St. George '* by the Adaptation Order of 1937.

7 Thi. word wm uaIwtihted for the word '' he " by ibid.

126-19-au

324 bfadrm City Police . [1888: T.N. Act I*

Appointment 6. The Government may, from time to time, appoint of Deputies Asehtanfe one or more Deputies or Assistants to the Commis- to the sioner, who shall be competent to perform any of C~-i~ioner. the duties or exercise any of the powers assigned to

that officer as Commissioner under his orders. [**]

Commiseioser'e 7. The Commissioner shall by. virtue of his offi& owem a be a Presidency Magistrate,* but shall exercise his

hae;i*h. powers as Magistrate subject to suoh orders as may from time to time be issued by the 2[Stste Govern- ment] : Provided that he shall not exercise any powm under Chapters XVIII, XX or XXI of the Code of Criminal Procedure, 1882.

Commissioner 8. The Commissioner, his Deputies and Assistants, and hia ghall by virtue of their office be Justices of the Peaoe ; Deputi- and but shall act as such only so far as may be n e v A-tantafobe for the preservation of the peace, for the prevention Juatioes of the Pewe. of offences, for the detection, apprehension and deten-

tion of offenders, and for the performance of %he duties assigned to the Commissioner by this Aot.

9. For the City of Madras, there shall be a Polioe- of Poke- force which shall consist of such number of offioera f o m . and men and shall be otherwise constituted in suoh

manner as shall from time to time be ordered by the 2 [St~bte Government].

'[Subject to the provisions of this Act, the pay and all other conditions of service of members of the subordinate ranks of the Police-force shall be suoh as may be determined by the 6(State) Government.]

1 The sentenoe "Any Deputy or h i s t a n t Commissioner may be removed by order of the Governor in Council" wm omitted by the Adaptation Order of 1937.

The words " Provincial Government " were substituted for #e words '' hvernor in Council " by the Adaptation Order of 1937 and the word "State " waa substituted for " Provincid " by the Adaptation Order of 1960.

SrSee now Central Act 2 of 1974.

c This ~magraph was inserted by the Adaptation Order of 1~37.

5 This word wes substituted for the word " Pmvinciel " by tho Adaptation Order of 1960.

* Now the Metropolitan Magbtrate.

l-,: T.N. Aot 1111 Madras City Police 325

10. The Commissioner may, from time to bime,~d~,f, the mbjeot to the control of the l[State Government] amwnmmt fnune orders and regulations for the general government tzgyY tihe of the force. Commieaioner

sub'eot to the oonirol of the State Glovern-

11. aphe Commissioner] may, at any time, S[subjeob ment. to the provisions of Article 311 of the Constitution Cm-aioner a d to the 00ntl'ol of the '[State GO~e~nIllent], msy dismiss, 4 [dismiss, suspend or reduce to a lower post or time- sapend*

reduce, eto-, s d e or to a lower stage in a time-scale], any member members of the s(of the subordinate ranks of the Police-force) and subordinate may order the recovery from the pay of any auoh ;gz of the member, of the whole or part of any pecuniary lose oaused to Government by his negligenoe or breaoh of orders.]

12. Every member of the force shall reoeive on Member6 of the enrolment a certificate in the following form under ~ ~ d ~ t g ' ~ ~ ' e the signature of the Commissioner :--. enrolment-

" A.B. has been appointed a member of the Madras City Police-force and is invested with the powers, funotions and privileges of a, Police-officer. "

1 The words " Provinoial Government " were substituted for the words aoverndr in Council " by the Adaptation Order ot 1937 end the word " State " was substituted for " Provinoial', &he Adeptation Order of 1960.

a These words were substituted for the words " The appointmen) of the members of the foroe shall rest with the Commieaione~ end he" by the Adaptation Order of 1937.

8 These words and figures were substit:ted for the words " eubjeot to the oontrol of the State Government by the Adaptation (Third Amendment) Order of 1951.

4Them words were substituted for the words " 5 0 , auepend, m&oe or diaslisp any member thereof; provided that no 5ne &all e m one month's pay " by section 3 of the M&w City P o b (Amendment) Aot, 1936 (Medr88 Aot XX of 1936).

6 Theee worda were substituted for the word '%hereof" by the Adaptation Order of 1937. .

Members of the subordinate ranks of the foroe not to resign without leave or notice.

Member ceasing to belong to the foroe to deliver up certifioate, clothingi soooutre- mente, eto.

Pen* for neglect or violation of duty.

Mactrao City Pol& - [1888: T.N. 'Act IIII

By virtue of snoh oertifioate he ahall be vested with the powers, funotions and privileges of a Police. officer, and such oertifimte shall cease to have effeot whenever the person named in it is suspended or dismissed, or otherwise oeases to be employed in the force.

13. No member '[of the subordinate ranks] of the force shall be a t liberty to resign his offim, or to with- draw himself from the duties thereof, without the written permission of the Commissioner or until after the eqiry of two months from the date of his giving to the Commissioner a notice in writing of his intention to do so ; and every member 2 [of the subordinate ranks] of the force, who shall so resign or withdraw himself, shall be liable, at the discretion of the Commis- sioner, to forfeit the whole or part of any mears of pay then due to him ; and shall in addition be liable on conviction to fine not exoeeding Hty rupees, or to imprisonment not exowding two months, or to both.

14. Every member of the form shall, on oeasing b belong thereto, forthwith deliver up to the Commis- sioner, or to suoh person and at suoh time and plsoe as shall be directed by the Commissioner, his oertifi- oate and all clothing, aoooutrements and other articles supplied to him for the exeoution of his duty, and in default thereof shall be liable on oonviotion to fine not exoeeding two hundred rupees, or to imprison- ment not exoeeding six months, or to both. And it shall be lawful for the &missioner, or for any &gistrate, to issue his warrant to searoh for and seize all the olothing, aoooutreme~ts and other articles which shall not be delivered up, wherevm the same may be found.

15. For neglect or violation of duty in his offioq and for any breach of the orders and regulations framed as aforesaid, every member of the foroe, besides being suspended or dismissed from his employment as herein- before provided, shaIl be liable on aonviotion to fine not exoeeding one hundred rupees, or to imprison- ment not exmeding three months, or to both.

1888 : T.N. Aat 1111 Mdrm City Police 337

16. Every Police-offioer appointed under the provi- Polioe dona of Aot XXIV of 1859 * may at any time be employed in the City of Madras, and whilst so employed h n t r d A C ~ shall have the same duties, powers and privileges, ~ 9 ~ t o ~ ~ v e and be subjeot to the same authority, as Police-offioers of appointed under this Aot. Polioe in the ,

City of

17. The Commissioner may, of his own authority, of s p i e l appoint any able-bodied male person between the ages pohm. of eighteen and Hty-five to be a l[special police-offioer] officer. to assist the Polioe-force on any temporary emergenoy. spvery speoial police-officer so appointed sh l l reoeive a mrtifioate in suoh form as the a(State Government) may determine under the signature of the Commis- sioner.]

18. Every '[speoial polioe-officer] so appointed Powerm of shall have the same powers, privileges and proteotion, ;%$! ,and shall be liable to perform the same duties, amen- oacer. -able to the same penalties, and subordinate to the eame authoriQies, as the ordinary offioers of polioe.

.- 19. If any peraon being appointed a l[special polioe- Penalty for

offioer] as aforesaid shall, without suffioient exouse. !z'086.p_ negleat or refuse to serve as suoh or to obey suoh lawful negleotine; order or direation as may be given to him for the or refwins performanoe of his duties, he shall be liable on wnvio- " tion to h e not exoeeding fifty rupees.

1 Theee words were mbatituted for the worda " speoid oomtable " by motion 4 of the Madras City Police (Amendment) Act, 1936 (Marha Act XX of 1936).

¶This sentenoe was added by ibid.

¶The words "Pmvinoial Government" were substituted for fhe words " Looel Go~tmment " by the Adaptation Ordef, of 1937 end the word Stab was substituted for " Provincial by the Abptetion Order of 1960.

Tamil Nndu Diefrict Police Act, 1869

Powers to quarter additional Police in disturbed parts of the City.

Power to appoint additional police- offioors.

. -

Madras City Police 11888 : T.N. Act Ill

20. It shall be lawful for the Commissioner, with the sanction of the l[State Government] to be notified in the a[Official Gazette] and in such other manner as S[the State Gavernment] may direct, to employ any Police-force in exmss of the ordinary fixed complement to be quartored in any street or in any part of the City of Madras which shall be found to be in a disturbed or dangerous state, or in any part of the wid city in which, from the conduct, of the inhabitants, he may deem it expedient to increase the number of Police. The inhabitants of the street or part of the city desoribed in the notification shall be charged with the cost of such additional Police-force, OE with such part thereof as arthe State Government] may direct, and the Commissioner shsoll assess the propor- tion in which the amount is to be paid by the inhabi- tants, according to his judgment of their respeotive means.

[(I) On the application of any person and at his ~harge, the &(State Government) may, for the purpose of keeping the peace or preserving order at any place or of enforcing the provisions of this or of any other Act in respeot of any

1 The words "Provinoial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word " State " was substituted for ' * Provinoiel " by the Adaptation Order of 1960.

a These words were substituted for the words "Fort St. George Qazette" by the Adaptation Order of 1937.

3 The words " the Provincial Government " were substituted for the words "the Uovernment" by the Adaptation Order of 1937 and the word "8tate " was substituted for " Provincial " by the Adaptation Order of 1960.

4This section was substituted for the original seotion 21 by section 6 of the Msdrss City Police (Amendment) Act, 1936 (Medree Aot XX of 1936).

5 The words " Provinoid Government " wem aubstitnted for the word "Commiesioner " by the Adaptation Order of 1937 and the word " 8tate" wee eubtiiruted for Provinoislw by the Adsptation Order of 1960,

. - , i888f T.N. Act IIlJ Mhdrar City ldotics

apwified class of offences, appoint additional police- offioers of such rank or grade, on such pay, if any,

t and for such time, as l(they) may think fit :

Provided that on the expiry of one month from the receipt of notice in writing from the applicant or his representative or on the expiry of such shorter period as the %(State Government) may h, the s(State Government) shall discontinue police-officers ao appointed.

(2) Every additional police-officer so appointed-

(a) shall receive a certificate in such form as the =(State Government) may determine, under the signature of the Commissioner; and

(b) shall have such of the powers and duties of an ordinary police-officer of like rank as are specially mentioned in the certificate referred to in clause (a) and shall, in the exercise or performance thereof, have the same protection and privileges, be amenable to the same penalties, and be subordinate to the same authorities as suoh officer.]

22. All sums of money payable under the last two Reaovery of preceding sections shall be recoverable by suit in any monep due. oompetent Court or by distress and sale of the goods of the defaulter under the warrant of a Magistrate.

23. Every Police-officer shall, for the purposes of Duties of this Act, be considered to be always on duty. He Po'ce' ofioers. shall not engage, without the written permission of the Commissioner, in any duty other than his duties under this Act. It shall be his duty to use his best endeavours and ability to prevent offences and public nuisances; to preserve the peace; apprehend disorderly

1 This word wes substituted for the word " he " by the Abpte- tion Order of 1937.

s The worde "Provincid Government" were substituted for the word "Commissioner" by the Adaptation Order of 1937 and the word"8tata " was substituted. for '4Provincial" by the Adaptation Order of 1960.

m e words "Provimial Government" were substituted for the @ "Loom1 (fovernment" by the Adaptation Order of 1937 and the wordUState" waa substituted for "Provincial" by the Adapta- tion Order of 1960.

330 Madrao City Pdice ' [1888: T.N. Aot UI

Polioesflioer end agent of the Sooiety for the Prevention of Cruelty to Animnls may wrest without w ~ ~ g n t on view of offenoe.

and suspioious oharaoters; to deteot and bring offenders to justioe; to take oharge of all unolaimed property; to seize and impound stray oattle; to oollect and oom- municate intelligenoe affecting the public peace, and promptly to obey and exwute all orders and warrants lawfully issued to him; and it shall be lawful for every Polioe-offioer, for any of the purposes mentioned in this section, without a warrant to enter and iaspeot any drinking shop, gaming-house or other place of resort of loose or disorderly ohmaoters.

1[24. (1) Any Police-officer may arrest without a warrant any person oommitting in his view any offence made punishable by this Aot.

8[(2) Any agent of the Sooiety for the Prevention of cruelty to Animals who is speoially empowered by the '(State) Government in that behalf may arrest without a warrant any person committing in his view any offenoe punishable under seotion 53 6( * * * * * * * * * )I. 1 Original seotion 24 was renumbered as motion 24 (1) by seotion 2 of

the Madraa City Polioe, Towns Nuisancas and Prevention of Cruelty to Anirnala(Amendment) Aot, 1942 (TemilNadu Aot M of 1942), re-emoted permanently with speoified modif3oatione by motion 2 (2) of, and the Seoond Sohedule to, the T m i l Nadu Re-ennoting Aot, 1949 (Tamil Nadu Aot X of 1949).

* The proviso to sub-motion ( I ) of eeation 24, whioh was added by seotion 2 (i) of the Madres City Police (Amendment) Aot, 1949 (Madras Aot XLII of 1949). was omtted by section 20 of the Tamil Nadu Haokney Cmrbge (Amendment) Aot, 1964 (Tamil Nadu Aot 21 of 1964).

Tbis sub-motion wee added by motion 2 of the Madree City Polioe Towna Nukanoes and Prevention of Cruelty to Animrrls (Amend- ment) Aot,1942 (Tamil Nadu Aot XX of 1942), re-emoted perme- nently with apeoified moditloationa by motion 2 (2) of, and the Seoond Sohedule to, the Tamil Nadu Re-emoting Aot, 1949 (Tamil Nadu Aot X of 1949). ' The word '(State" wee substituted for the word "Provincial" by

the Adeptation Order of 1910. 6 The words and figures "end the proviaiona of the Code of

Criminal Prooedure, 1898, shell 8p ly to an arrest ma& by auoh agent u if it M been made by e ~o'iica-o~osr,, were 0 ~ t t . d by motion 2 (2) of, eod the. Beoond Sohedub to, the Tamil Nedu R.. emoting Aot, 1949 (Tamil Nedu Act X of 1949).

-=a

1808: T.N. Act III] M&m (Jib P&ee

1[(3) The agent shall have power to reletwe any person so arrested on his exeouting a bond, with or without sureties for his appearance before a Magistrate if and when required.

Central (4) The provisions of the Code of Criminal Proce- *Ot dure, 18988, shall apply to any arrest made or bond of 1898.

taken under this seotion as if the arrest had been made, or the bond had been taken, under the said Code.]

25. Whoever commits an offence affeoting the person or property of another may, if his name and of offenders address be unknown, be apprehended by the person cQ$d"f$: injured or in oharge of the property oonoerned, or by any person aoting in aid of suoh person, and may be detained until he gives his name and address and mtisfy suoh person that the name and address so given are oorreot, or until he oan be delivered into the custody of a Polioe-officer.

26. Any Police-offioer above the rank of oonstable powers to having reasonable ground to suspect that stolen:;:::& property ia concealed or lodged in any dwelling-house ty i, ,dn or other place, and is likely to be removed before a oeees withoub searoh-warrant can be obtained, may searoh such Wm8nt.

house or plaoe subjeot to the general provisions in the Code of Criminal Prooedure, 1882 8, relating to searohes.

27. Any Polioe-offioer may seize any property or EbJeinrre of thing whioh may be found in the possession of any zB person, where the possession by suoh person of such ,ai,a property or thing creates a reasonable suspicion of the offence i. oommittal of an offenoe; and such seizure shall be forth- Wded with reported to the Commissioner, who shall there- upon make suoh order respecting the custody or produotion of the property as he shall think proper.

1 Sub-motions (3) end (4) were inserted by seotion 2 (2) of, m d fhe Becond 8ohe3ule to, the T a i l Nadu Re-enacting Aot, 1949 (Terdil Nadu Act X of 1949).

8 866 now Qntrel Aot 2 of 1974.

382 211adias City PoZi2e 11888: EN: ;Act IIL

pawn-brokere, '. 28. Any officer of Police may deliver to any l[ 1, eto., to report stolen dealer in secondhand property or worker in metals a property if list of any property believed to have been stolen, and tendered for thereupon it shall be the duty of such [ 1, dealer or pawn worker as aforesaid, upon any article answering the

description of any of the property set forth in any s q

such list being offered him I, for sale, or otherwise, to inquire the name and address of the party offering such article, to seize and detain the article, and forthwith to communicate to the nearest

' police-station the fact of suoh article having been offered and such name and address as may be given by the party offering it. Any l[ 1, dealer or worker as aforesaid failing to oomply with the requirements of this section without reasonable excuse shall be liable on conviction to fine not exceeding fifty rupees for every such offence. Such '1 1, dealer or worker as aforesaid may also detain any person offering such article as afore- said pending the arrival of the Police.

Powere to fix 29. The Commissioner may, by order in writing, to periode within be affixed at the principal polioe-stations and also to be whioh stray dogs may be published in soma public newspaper, appoint, from time kiued. to time, certain periods within which any dogs found

straying and unmuzzled may be destroyed. Power to take 30. Whenever any person dies intestate leaving ohmse Of* and movable property within the City of Madras under two deliver to

entitled hundred rupees in value, such property may be to, movable taken charge of by the Police, and it dull be lawful prOp*J under for the Commissioner to order the said property to be two hundred

delivered, without requiring the produotion of any value, of probate, letters of administration, certificate or other pmon8 dyiq auch conclusive evidenoe of title md upon such terms intestate.

as he may think fit, t6 any person who may appear to him to be entitled thereto; Sand euoh delivery shall be a f i i discharge to the Cbmmissioner, and to the

1 The word 61pawnbroker" %ourring in the four pleoes in seotion 28 were deemed to have been omitted oonsequent on the ooming intoforoe with effeot on end from the 1st November 3944 in the Cit of Madras of the Tamil Sadu Pawnbrokere Aot, 1943 ( ~ a m i l ~ a % l ~ o t XXIII of i941)-Pba~@ see seo. 24 (1) of .aid Act.

a The words "in pawn" were deemed to have been omitted, 8id . SAe to saving of thia provieion kom the operation of the &nerd

Suooeesion Law, re6 the Adminietrator-&nerdse Act, 1813 (Central A O ~ m of ioi3), 8.55.

i l$t@A .KT 86BI ,, I % y b S z . 188 : P.N. Act 1111 Atcsd~cxe Oii$ Police

i f 8 I : . .,, i I s , . 1 1 1 1 : - 7

I~X&yxpmen$] from all liability in respect of &oh s t $ . . . ~rnMIrt~* ; :,, ,:

Tf .i I ' . ,

4 8 4 3:i t ; I t , t , $1, kprpyisi&s ofof~chions 623,624 atld 626 of thb pro- ,

A& f&de;tof Crhdnal Procedure, 1882a, shall, as nearly as visions Code of of Of ""' s)g2. be prsctioeble, apply to all property seized criminal Pro- k %ken charge of by the Police. cedure, 1882,

to apply. 't,, 1

88. The Commissioner shall keep in his office standard COmmi8Bioner a 'ights and mea8ures8 as may be from time to time keep stmdard prescribed or declared to be correct by the &[State weightsend Government] ; and weights and measures shall be held tolbafabe when they do not agree with such standards; and on conviction being had under Chapter XI11 of

Centrd the Indian Penal Code, the weights and measures which ~ o t sv formed the subject-matter of the charge shall be forfeited of 1860. and destroyed.

88. Any Police-officter above the rank of constable Power ofpolice may enter any shop or premises for the purpose of ;E;;,",""P~ ihspecting the weights and measures and instruments weights, eta. for weighing or measuring kept or used therein,.and may seize any weight, measure or instrument for weighing or measuring which he may have reason to believe is false.

No enolosed place or building having an area of Places of publio five hundred square feet or upwards shall be used for resort licensed. to be publio entertainment or reso~t without a licence from the Commissioner.

1 The word "Crown" wae substituted for the words "Secretary of S t a b for India" by the Adaptation Order of 1937 and the word "Uovernment" was substituted for "Crown" by the Adaptation Order of 1960.

a See now Central Aot 2 of 1974. %s to standard measures, see the Measures of Length Act, 1889

(Central Act 11 of 1889), e. 7 and the Standards of Weights and Meeeures Act, 1966 (Centrd Act 89 of 1966), s. 13. ., 'The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Fder of 1937 and the word "State" wae substituted for slProvinoial by the Adapta- tion Order of 1960.

6 Under section 6-A, sub-section (1). of the Tamil Nadu Cinemas (Regulation)Aot, 1966 (Tamil Nadu Aot IX of 1966), the proviaions of this Aot &hall not apply to any applioation made under the said anb-seotion ,by any pereon who intend6 to use any place, for the xhibltion of hemawgraph fl-.

BBsctrag City Police [iw. T.N. Aot III

E s t i w h o w r 85;. No enolosed p l a ~ or building shall be used as an wine eating-house, ooffee-house, boarding-house, lodging- shops, fenoing

sohoole, eta., house, hotel, tavern, wine, beer or spiritshop, maok ar to be lioeneed. toddy shop, gymnwium or fenoing-sohoo1,or for the eale

or oonsumption of any intoxicating drug or liquor', without a lioenoe f?om the Commiseioner: Provided that nothing in this seation ahall apply to the sale in reasonable quantities of any drug or substance for medicinal purposes only, or to any gymnasium or fenoing-oehool of any eductational institution (fontrolled or rewgnized by the a[Stste Government].

Conditionsfor 36. Licences under the hst two preoeding seotiona ieeue of may be granted by the Commissioner upon suoh oondi- ~ ~ ~ ~ ~ ~ d e r tions as he, subjeot to the mntrol and direotion of the and 86. s[State Government], may prescribe, and for suoh

period not esoeeding one year as may be stated in the lioence: Provided that, in regard to any liquor or drag for the sale of which a licenoe is required under ang law for the time being in foroe for the regulation of the excise-revenue, a licence ahall be granted by the Com- missioner only to persons holding licenoe under moh law and shall have foroe only while suoh lioenoe subeiete.

Penalty for 8[37.]4[. .] WBoever keepr or uses or permits to be om-n to kept or used any enclosed plaoe or building requiring a rooU1*) E wnw an lioenoe under seotion 34 or 36, without having obtained

required by 8 licence as therein mpired, shall be liable on oonvio- motion 34 or 36.

tion to fine not exmeding Gfty rupees for every day on whioh suoh a place or building is so wed.

1 ~s to sele of intoxioatin druge or liquore, se4 the T d Nedu Exoils Aot, 1971 ( T d N& ~ o t 34 of 19711, Ch.N.

1 The words " Provincial Government '' were m&&t~ted for the worde. uG)ovemor in Coulldil" by the Adaptetion &&Q of 1937 and the word " State " wee substituted for " hovin& *' by the Adaptation Order of 1910.

8 Beotion 37 wae renumbered ee sub-&ion (1) of eeotion 37 and rub-motions (2) end (3) were added by eeotion 3 of the Madraq City Polioe (Amendment) Aot, 1929 (Msdree Aot XI l I of 1929) end for sub-seotiona (2) and (3) a8 80 dded, sub.eeotione (2) to (4) were substituted by seotion 3 of the ~~ City Poliw (Seoond b n d . merit) Aot, 1941 (Bfadr- Aot XXII of 1941), whioh wee re-e- permanently by eeotion 2 of, tmd the First Sohedule to, the T& Nadu Re-eneating (No. 11) Aot, 1948 (Tamil Nadu Aot of 1948).

4 The brsokep and .QUO "(1)" 000urrhg a t the b e p m g of lab+otion (1) m wt lon 37 snd sub-sections (2) to (4) o eeotia 87

omittad by motion 2 (ii) of the Msdrerr City Polioe a d QemiDg (&ondrnmb) AoC, 1906 ( T d Nedu dot XVI of 1956).

1888: T.N.' Aet III] .&.dm City Police

88. The Commissioner may, by order in writing, Power to enter Authorize any Polioe-offioer above the rank of constable, zd&;;LB with suoh assistance as may be required, to enter and ,a d,,d inspeot any olosed plaoe or building lioensed under p h s believed seotion 36 at any time when it is open for the reception ~~~~o oi' persons resorting thereto, and may after recording the A O ~ . his reasons in writing, likewise authorize any suoh offioer to enter and inspeot any plaoe not licensed whioh the Commissioner has reason to believe to be used oontrary to the provision6 of seotion 34 or 36.

39. The Commissioner may make rulea for ensuring Power to order and demnoy and for the publio safety a t allrn*ede8* places of publio entertainment or resort, and for regul- titing the times during whioh the plaoes referred to in sections 34 and 36 shall be allowed to be open or used, and from time to time may rescind or alter such rules; and in case of breach of any suoh rules or of the condi- tions of the lioence g~anted under seotion 36, may order suoh phms to be olosed, and while such order is in force suoh plaoes so ordered to be olosed shall be deemed to be unlioensed places.

40. A oopy of any order passed under the last Semioe of premding seotion shall be served on the owner, rJzro& oooupier or keeper of any suoh plaoe as aforesaid, and if thereafter he does or permits any aot in disobedience to suoh order, he shall be liable on conviction to imprisonment not exceeding three months, or to fine, or to both.

*[4O-A. (1) If any entertainment (including a Prohibition of oinematograph exhibition, danoe or drama) to whioh ~,"l$gi&~ members of the publio are admitted, whether on pay- ,he, e,br. ment or not, is held in an enclosed plaoe or building, tainmenta are then, no person shall, during the prohibited period as defined in sub-seotion (2), smoke either-

(a) on the stage exoept in so far as smoking may be part of the entertainment, or

1 Thin motion was inserted by section 2 of the Madras City Po+ and Plwm of Public Resort (Amendment) Aot, 1951 Madru Aot XII I of 1961).

(

@)'in the auditorium, that is to say, in that hortjon of the enolosed place or building in which aooommods-, tion is provided for members of the publio :

Provided that the State Government may, by notifi- oation in the Fort St. George Gazette, exempt any olase of entertainments from the provisions of this sub- seotion.

(2) For the purposes of sub-section (1), 'prohibited period' means so much of the period commenoing thirty minutes before the beginning of the entertain- ment and ending with the termination thereof, as may fall within the hours which the State Government may, by notifioation in the Port St. George ffoxette, s p e w in this behalf for entertainments generally or any olase - of entertainments.

(3) Any person who contravenes the provisions of this seotion shall be liable to be ejeoted summarily from the enolosed place or building by any Polioe- officer and shall also be punishable with fine whioh may extend to fifty rupees.

(4) A person ejected under sub-seotion (3) shall not be eptitled to the refund of any payment made by him for admission to the entertainment or to any other oompensation.]

1[41. (1) The Commissioner or, subjeot to his orders, ;e asmmblies, any Police-officer above the rank of head constable, isetas may, from time to time,as occasion may require, direot .ooesdo~ in lblio pleoes, the oonduot of all assemblies, meetings and processions 0. in publio pltioes; prescribe the routes by whioh end

the times at which such processions may pass; keep order in publio plaoes and prevent obstruotions on the ooossion of suoh assemblies, meetings and prooessions, and in the neighbourhood of plaoes of worship during the time of publio worship and in any oase when publio plaoes may be thronged or liable to be obstruo- ted; and may lioense and replate or prohibit the use of musio or of sound amplifiers in publio plaoes.

-- 1 This seotion was substituted for the original section 41 b

reotion 2 of the Madras City Polioe (Amendment) Aot, 1961 (T& Nadu Aot 37 ef 1061).

1888: T.N. ~ c t 1111 Madras City Police 337

(2) Subject to the provisions of sub-sections (3) and-($), the Commissioner may, by order in writing, prohibit any assembly, meeting or prooeeion if he oonsidera such prohibition to be necessary for the preservation of the public peace or publio safety:

Provided that no order under this sub-section shall, without the sanction of the State Government, remain in-force for more than fifteen days from the date on whioh such order takes effect.

, (3) (a) When the order referred to in sub-section (2) is in force, any person who intend6 to cbn'irene or oollect any assembly or meeting in any public place or tq -direct or. promote ,any prooession, shall make an application ta the Gmnjssioner for permissioh,.' The, '

applicatidn shall be , in such form &d hontaln such particulars as may be specified by the Commissioner in this behalf and shall be .made not less thpn five days prior to the d&tg:'pn ,*hioh the wsembly or midtbg i a to be convened or collected or the procession is'to be . I > f \ : . . ' : . ' . , , , , , ,, . , . . \ I

:,!)!'!: !:? !-,; 19 2,;\,/ !,,>!:>v.:-.. ?>.rr; :;,:!J,C. ,,, k;;.7+:,.9

t@ov.i'dijd qa&tc)r;w&~niirii~,vi&d n$l9ir* Gi be reoorded in writingp~Wh&~I!ibh'' dpplia&ibnrPi8hhf: fiv da s pr'or to the date aforesaid. 8 1 5 (4) owv:le i ~ i o-t II~TT!)?~~ -!+T~) !),lrr

(b) On receipt of the aj?#imthn&fldf% qSapl$e\,[~Al)sp th Com ' sioner may, by order in writing served in td l~b~&z1~&&%7&~~e~&iot i ( i~j & @mission tE to oonvene or collect the essemblp L)~eat;hg m&oq

338 Mahccs City Police [1888: T.N. Act 111

(6) The Commissioner may, by order in writing, depute one or more Police-officers or other persons, to be . present in any such assembly, meeting or procession, for the purpose of causing a report to be taken of the proceedings.

(6) Any person who- P- (a) opposes or fails to obey any order under sub-

section (I), or / I'

(b ) contravenes the conditions of any licepmd mder sub-section (I), or

(c) when the order referred to in is in force, convenes or collects any or direots or promotes any prooession-

(i) without the permission of the sioner under clause (b) of sub-motion (3), or

(ii) in contravention of any of the subject to which the permission was grant$

not exceeding one hundred rupees. that clause, shall be liable, on conviction, to $r

'\

(7) The order referred to in clause (b) of sub- \ section (3) shall be served-

(a) by giving or tendering the order to the person concerned; or

(b) if such person is not found, by leaving suoh order at his last known place of abode or business or by giving or tendering the same to some adult member or aervant of his family; or

(c) if such person does not reside in the City of Madras and his address elsewhere is known to the Com- missioner, by sending the same to him by post registered; or

(d) if none of the means aforesaid be available, by a e i n g the same in some conspicuous part of fb, plaoo of abode or business of suoh person.

1 - *

1888: T.N. Act III] Madras City Police

(8) Nothing in this eeotion shall apply to any assembly or meeting of a purelyreligious oharaoter held in a reoognized plaoe of worship, any assembly or meet- ing gathered together purely for the purpose of taking part in eporte, any prooession on the ocoasion of any wedding, funeral or similar domestio ooourrenoe, or of any religious oeremony, or. to any publio meeting held under any statutory or othel; express legal authority, or to publio meetings oonvened by the sheriff, or to any publio meetings or olass of publio meetings exempted for that purpose by the State Government by general or special order.

(9) For the purposes of this section- (a) the words uassembly", "meeting" and

"prooession" inolude any assembly, meeting or prooes- sion whioh is open to the publio or to any olass or por- tion of the publio;

(b) a plaoe in which an assembly or meeting is held may be a publio place notwithstanding that it; is held in a private plaoe and notwithstanding that admission thereto may have been restricted by ticket or otherwise.] ,

1[42. (I)] If the Commissioner has reason to Commissioner believe that any aEplace] is used as a common gaming- ::;artto house, he may by his warrant give authority to any ,,her Police-offioer above the rank of a constable to enter, common with suoh assistance as may be found necessary, by g- night or by day and by force if necessary, any such SCplaoe] and to arrest all persons found therein, and to seize all inatrumenfa of gaming and all moneys and seourities for money and artioles of value reasonably suspected to have been used or intended to be used for the purpose of gaming whioh are found therein, and to searoh all partamof suoh %[Place] and also the persona found therein.

1[(2) The Commissioner may, instead of issuing a warrant under sub-section (I), himself exercise all or any of the powers exeroisable under sueh warrant.]

1 Seotion 42 wae renumbered as sub-section (1) of section 42 and sub-motion (2) waa added by section 2 of the Madras City Polioe (Amendment) Aot, 1933 (Nadre Aot VI of 1933).

1 The word "plaoe" waa mbetituted for the words "enoloeed pleae or building " by eeation 4 of the Madraf~ City Police (Amendmenb) Aot, 1929 (Madma Aot XIII of 1929).

126-19-22~ .

Carde, dice, etc., found in searoh under lest section to be evidence that piece is oommon gaming-house.

dladras City Police (1888: T.N. Ad'

-43. Any cards, dice, gaming table or-cloth, board or other instruments of gaming found in any l[place] "

entered or searched under the provisions of the last preceding section, or on any person, found therein, shall be evidence that such l[place] is used as a common gaming-house, and that the persons found therein were there present for the purpose of gaming, although no play was actually seen by the police-ofher or any of his assistants.

Proof of playing ' 44. It shall not be necessary, in order to convict any for stakes person of keeping a common gaming-house or ,of beirig unneoessmy . concerned in the management of &ny common gaming-

house, to prove that any person found playing a t any game was playing for any money, wager, a[bet J or stake. I

Penalty for opening, eta,, 45. Whoever opens, keeps or uses or permits to be a common used any common gaming-house, or condupts or assists gaming-h0use* in oonduoting the business .of any con)mon.,'g~ming~

house, or advance^ or furnishes money for game th&ein,, %hall.becliable m coaviq$ion,to fine not ing five hundred rupees, or to imprisonmexptj &*p&*&

I*:,: 'i! ivr. - ing t 4 r ~ ~ ~ o n t & , or tro<b~tktrt;~ r, :,:r,j '1 I ' 1 ( 1 , ,c,a,r

1888: T.N. Act IU] Madras City Police

4$. Any person who shall have been concerned in Indeplnifioation gaming contrary to this Act, and who shall be examined Of *ltnessee*

as a witness before a Magistrate on the trial of any person for a brwoh of any of the provisions of this Aot relating to gaming, and who upon such examination shall make true and faithful discovery to the best of his knowledge of a11 things as to which he shall be so ,examined, and who shall thereupon receive from the said Magistrate a certificate in writing to that effect, shall be freed from all prosecutions under this Act for anything done before that time in respect of such gaming.

1 49. Nothing in sections 42 to 48 of this Act shall be ~ ~ ~ f ~ ~ k i f l . held to apply to games of mere skill wherever played.

l[@-A, (1) Whoever-

I

Penalty for opening, eto., any enclosure,

I etc., for oortain (a) being the owner or occupier or having the use forms o f

of any house, room, bent, enclosure, vehicle, vessel or gaming. plaoe, opens, keeps or uses the same for the purpose of

\ (i) on a horse-race, or 1

(ii) on the market price of cotton, bullion, or other commodity or on the digits of the number used in stating suoh price, or

(iii) on the amount or variation in the market price of any such commodity or on the digits of the number used in staling the amount of such variation, or

(iv) on the market price of any stock or share or on the digits of the numbor used in stating such price, or i (v) on the number of registration or on the digits of the number of registration of any motor

i vehicle using a public place, or 1

1 The original section 49-A was inserted by section 3 of the Madrss City Polioe end Gaming (Amendment) Act, 1949 (Tamil Nedu Act VII of 1949) and the present sootion was substituted for the original eeotion by seotion 2 (iii) of the Madras City Police and Geming (Amendment) Aot, 1966 (Tamil Nadu Aot XVI of 1966).

84s Madras City Police [1888: T.N. Aet III

(Ti) on any tiranaction or scheme of wagering or betting in which the receipb or distribution of winnings or prizes in money or otherwise is made to depend on chance; or

(b) being the owner or occupier of any such house, room, tent, enclosure, vehicle, vessel or plaoe knowingly or wilfully permits the same Go the opened, occupied, kept or used by any other person for the purpose of gaming on any of the objects aforesaid, or

(G) has the care or management of, or in any manner assists in, conducting the business of, any such house, room, tent, enclosure, vehicle, vessel or place opened, occupied, kept or used for the purpose of gaming on any of the objects aforesaid, or

(d ) advances or fwnishes money for the purpose of gaming on any of the objects aforesaid with persons frequenting any such house, room, tent, enclosure, vehicle, vessel or place, shall be punishable with imprisonment which may ex- tend to one year, or with fine which may extend to one thousand rupees, or with both :

Provided that, in the absence of special reasons to be recorded in writing, the punishment to be imposed on an offender on conviction for an offence under this sub-section shall be imprisonment for not less than one month or fine of not less than five hundred rupees or both.

(2) Whoever is found in any house, room, tent, enclosure, vehicle, vessel, or place referred to in sub- section(l), gamingon any of the objects specified in that sub-section or present for the purpose of gaming on any auch object shall be punishable with imprisonment which may extend to one month or with fine which may extend to five hundred rupees or with both.

Any person found in any such house, room, tent, enolosure, vehicle, vessel or place during any gaming therein on any of the objects specified in sub-seotion (1) shall be presumed, until the contrary is proved, to * -

have been there for the purpose of g d n g on iauah % ' object.

888: T.N. Act In] Madras City Police 343

(3) Whoever is found gaming on any of the objects apecified in sub-section (1) in any public street or thoroughfare, or in any place to which the public have or are permitted to have access shall be punishable with imprisonment which may extend to three months or with fine which may extend to three hundred rupees, or with both.]

Payment of l[50. (1) The Magistrate may direct any portion, of not exceeding one-half, of any fine which shall be fine to levied under a[section 46, section 46 or section 49-A] informmtr

and Polies- and of the moneys or proceeds of articles &zed and OH,.

ordered to be forfeited under section 47, to be paid to such informanbs and PoIice-officers as may have assisted in the detection of the offender.

A direction under this sub-section may also be made by any'c~urt of appeal, reference or revision.

(2) Where a direction is made under sub-section (I), the Magistrate concerned shall send the amoun4 to be paid under that sub-section, to the Commissioner who shall distribute it among such of the informants and Police-officers aforesaid as may be chosen by him and in such proportions as he thinks fit.

(3) The amount aforesaid shall not be sent to the Commissioner until the expiry of three months from the date of the direction under sub-syction (1) or if an appeal is presented within that pe~od, until the appeal has been disposed of.]

51. Whoever by any fraud or unlawful device or :{t:z' I

malpractioe in playing a t or with cards, dice or okher a t g m r r r game, or in bearing a part in the stakes, wagers, 8[bets] or adventures, or in betting on the sides or hands of the players, or in wagering [or betting] on

1Thia Seotion was eubstituted for the original saction 60 by eeotion 2 of the Madras City Police and Gaming (Amendment) Aot, 1960 (Madree Aot XXXV of 1960).

1 This expre88ion was substituted for the sxpmsion '<sub- aeotiona (2), (3) or (4) of section 37, seotion 46 or necrtion 46 " by seotion 2 (iv) of the Madraa City Police and Gaming [Ammdment) Aot, 1966 (Tamil Nadu Aot XVI of t966).

a The woda "beta " and " or betting " were inserted by section 6 af the Madras City Police Amendment) Act, 1929 (Mrtdras Art XIIIc& 1% O P t

Power to direot removal of persona from City in s p i e l o m * .

Central Act XLV af 1860.

Madras City Police C1888: T.N. Act 111

the event of any game, sport, pastime or exercise, wins from any other persons for himself or for any other or others any sum of money or valuable thing l[sl~all be liable on conviction to fine not exceeding five hundred rupees or to imprisonment not exceeding six months or to both.]

z[5l-A. (1) Whenever the commissioner is satisfied from information received or otherwise-

(a) that the movements or acts of any person in the City of Madras who has not boen born in the said City or in a[the district of Chingleput or North Arcot] 4[as it oxisted irnmcdiately before the 1st April 19601, are causing, or are calculated to cause, alarm, danger or harm to person or property, or that there are remonable grounds for believing that suoh person is engaged or is about to be engaged in the commission of any offence involving force or violence or punishable under Chapter XII, XVI or XVII of the Indian Penal Code or in the abetment of any suoh offence ; and

(b ) that witnesses are not willing fo oome forward to give evidence in publio against such person by reason of apprehension on their part regarding the safety of their person or property, the Commissioner may, by an order in writing eigned by him, directi such person so to aonduot himself as shall &ern necewry to the Commissioner to prevent such alarm, danger or harm or the oomission of suoh offoncs, or require such person to romove himself outside the said City, within such time as may be specified in the order.

1 These words were substituted for the words end '' shell be deemed guilty of cheating punishable under aeotion 417 of the Indian Penal Code " by section 7 of the Madrae City Polioe (Amend. ment) Aot, 1936 (Madras Aot XX of 1938).

* This section wae inrerted by motion 2 (iii) of the Madras City Polioe and Towns Nuisances (Amendment) Act, 1941 (%&M Act XXIII of 1941). whioh.Act wee permanently re-onaoted by section 2 (i) of. andthe First Sohedde to, tho T d Nadu Re- enacting Act, 1949 ( T q i l Nmdu Got X of 1949).

8 These worda wer:, substituted for the words " Chingleput, North Aroot or Nellore by the Madrae Adapfstion of Lam Order* 1064.

4This expression was inserted b y paragraph 3 of the Madru Adep@tj.on of Lawe Order, 1961 read wi*the Sohedule @ee$o .

1888: T.N. Aet m) Madras Oily Police 346

. Izp2anatim.-For the parpoem of thh sub-motion, . the decision of the Commbsioni3r ee to whether a person has or has not been born in the City of Madras or '[in the district of Chingleput or North Arcot] alas it exisbed immediately before %he let April 19601 h U be final.

(2) Before an order is passed against any pemn under sub-section (I), the Commiesioner or any Deputy Commissioner authorized by him shall inform euch pereon in writing of the general nature of the material allegation8 against him and give him a reasonable opportunity of explaining bhose allegations. The Commissioner or Deputy Commissioner may alao examine any witneesee produced by euoh peraon. Any written statement made by such person ehall be filed with the record.

Such person ehall be entitled to appear before the Commissioner or Deputy Commissioner by an advocate or attorney for th'e purpom of explaining the allegetiom againat him and examining the witnesses produced by him.

(3) The Commieaioner or the Deputy Commiaaio- ner authorized under sub-section (2) may, for the purpose of securing the attendance of any peraon against whom an order is proposed to be made under eub-section (I), exercise all or any of the powere of a G n t d Court under sections 76 to 77 of the Cads of Criminal s8r,. Procedure, 1898*. I

(4) 'Any pereon aggrieved by an order of the Commissioner under sub-section (1) may, within thirty days from the date of euch order, appeal to the a[State] Government who may, after considering all the oiroumstancee of the ceae, confirm, very or rcaoind the order. Where an appeal is preferred to the r[Stete] Government under this sub-section, they may -

Them worde were eubstituted for the words "Chinglspu~. North Amot or Nbllors" by the Madras Adaptation of Lanr order, 1964.

8 This exprwai\n wwrvr inserted by paragraph 3 of U, Madrru Adeptation of Laws Order, 1961 read with tb &bdole *he&to.

8 This word wan substituted for the word Provincial " by the Adaptation Order of 1950.

Mcldras City Police [1888: T.N. Act I11

at their discretion, subject to such conditions, if any, as they may think fit to impose, stay the operation of the Commissioner's order, pending the passing of final orders on the appetp.

(5) No order passed by the Commissioner under sub-section (1) or by the '[State] Government under sub-section (4) shall be called in question in any ourt except on one or more of the following grounds, namely :-

(a) that the procedure laid downin sub-section (2) was not followed; or

(b) that there was no material upon which the order could have been based ; or

(c) that there was no sufficient grounds for believing that witnesses were not willing to come forward to give evidence in public against the person in respect of whom the order was made.

(6) (a) Any person who is guilty of the breach of any direction given to him under sub-section (1) or sub-section (4) shall be punishable with imprisonment which may extend to two years or with fine or with both.

(b) If any person directed under sub-section (1) or sub-section (4) to remove himself outside the City of Madras fails or refuses to do so or re-enters the said City while such direction is in force, the Commissioner may, in lieu of or in addition to prosecuting suoh person under clause (a), cause him to be wrested and removed in police custody to such place outside the said City as he may direct.

(7) Nothing in this section shall be deemed to require any Police-officer to disclose to the person against whom an order is made under sub-section (1) or to any Court the sources of his information or any fact the communication of which might, in the opinion of the Commissioner, lead to the disclosure of the identity or name of any informant. ]

. .--- 1 This word was substituted for the word '6Provinoial" by

the Adaptation Order of 1950.

v

1888 : T.N. Act III] Madras City Polk 347

52. If bhe Commissioner has reason to believe that Brothels. a house is used as a common brothel, or lodging-house for prostitutes, or disorderly persons of any descrip- tion, he may summon the owner or tenant of the house, and on being satisfied that the house is so used and is a source of annoyance and offence to the neighbours, may order the omer or tenant to discontinue such use of it.

58. Whoever cruelly beats, ill-treats or tortures zg$FtF any animal, or causes any animal to be cruelly beaten, ,h&. ill-treated or tortured, shall be liable on conviction to fine not exceeding one hundred rupees, or to imprison- ment not exceedag three months, or to both.

- . 54. The l[State Government] may from time to Appoint- time appoint places to be infimaries for the care and treatment of animals in respect of which an offence has for ,h,h, been committed under the last preceding section, and may nominate fit persons to give certificates of dis- charge from such inikmary.

55. Upon conviction of an offence under section 53 2~9'': of this Act, a Magistrate may after due inquiry order ,dmal to be that the animal in respect of which the offence has been destroyed committed shall either be destroyed or be sent for care zz?:;. and treatment to an infirmary ; and the Magistrate may by his order direct that the reasonable expenses of such care and treatment, or m y portion thereof, shall be paid by the owner of such animal.

56. Every animal so sent for treatment miy be pitgz4 detained at the infirmary until its discharge is authori- be zed by a person nominated under section 64 ; and detained and thereupon the person in charge of the infirmary shall shall removed be give notice to the owner of the animal, requiring him after notioe. to pay m y sum due under the order of the Magistrate on account of the cme and treatment of the animal, and to remove it from the infirmary within forty eight houra from the service of such notice.

1 The words " Provinoial Government " were substituted for' the words " a o v ~ n o r in Council" by the Adaptation Order ot 1937 end the word " State " was substituted for " Provincial " by the Adaptation Order of 1960.

348 Madras City Police 11888 : T.N. Act nI

In default of payment by owner of ohesges, eta., animal may be sold.

Magistrate may order delivery of mimfbj to owner.

Iltrcly animals f o be impounded.

57. If the owner shall ref& or neglect to pay the sum due and to remove the animal within the time specified in section 56, any Magistrate may direct that^ the animal be sold, and that the proceeds, deducting costs of sale, be applied to the payment of the sum due. Any surplus shall, on application within two months from date of sale, be paid to the owner of the animal, and in default of such application shall be forfeitad to Government, but the owner shall not be liable to make any payment is excess of the net proceeds of such d e .

58. b y Magistrate may, at any time and upon such terms as he thinks fit, direct that any animal detained under the provisions of section 66 of this Acb shall be delivered to the owner thereof.

69. All costs of inquiries under section 66 of this Act shall be recoverable in the manner provided for fhe levying of fines from such persons connected with the inquiry as the Magistrate may direct.

60. It shall bo lawful for dl persons to seize any cattle found straying upon any l[public place], or trespassing on any 2[private grounds], and to conhe such cattle in any pound appointed by the Commis- sioner and if such cattle shall not be redeemed by the owners within ten days after being so impounded by paying to the person having charge of such pound the fee of [fifty naye paise] for every goat, sheep or pig,, and one rupee for every other animal, together with the expenses of feeding the same while impounded, according to such daily rate as may from time to time

. . 1 These words were substituted for the words road, e t m t or thtrroughfare " by seotion 2 (iv) of the Madras City Polioe and Towns Nuisances (Amendment) Act, 1941 (Madras Act XXIII of 1941). re-enacted permanently by se~t ion 2 (i) of, and the First Schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949).

a These words were substituted for the worde " Publio or private grounds " by ibid.

a These words wore substituted for the words " eight annasm by motion 2 of tho Tnmil Nadu Coinage (Alteration of Referencos Act, 1960 (Tamil Nadu Act 9 of 1960) read vith the Schedule thereto.

id88 : T.14: Act 1111 Madras City Police

be' fixed by the Commissioner, such cattle shall- be publicly sold and the prooeeds of such sale, dim- paying the said fee and the expenses of feedirig, sbll 6e pa$d to the owners- thereof, or in default of tbeuir claiming such proceeds for the space of fifteen days &I; such sale, shall be creditRid to any fund applicable to Polioe purposes.

61. On the occasion of a fire in the City o'f Madrm, Ppzg?;: the Commissioner or any Police-officer above the rank the 1pernil of constable %[or any member of the Tamil Nadu Fire Nadu Fire Servims 'above the rank of ' h ~ i ~ a r i ] may- .--.. . . Se&ea]on-.' .

- . . . . . , . the oooasion " , , ; . . . .. .. 'ofe5.m. , . . . .

, (a) remove or: order the removal of m y peisona . ... :.. who b y their presence interfere with or 'impe&eithe .i...

>*..-., operations for extinguishing the £ire or, fpr 'd+@.li.& , =$, ,. .: . or property, and may close any street or p k g e . . . iii or . ' : .. . ...

ntyr>.whioh any fire . is . b e n g . . , ; . , . . . . . , ... . I . . 7 . : . y';s,r.'.:

, . , . . ~..

. ; . :. ..,.,... - -.*,,, .i I . ,

) .

Cost of ortabliah- monta, e tc., for oxting- uishing fire to be defrayed by the munioipalit~~

Penalty for false elarm of &a-

Illadras City Police [I888 : T.N. Act 111

Any damage done on the occasion of fies by members of =[the Tamil Nadu Fire Services or of] an^ fire-brigade or by Police-officers or their wsistants in the due execution of their duties shall be deemed to be damage by fire within the meaning of any policy of insurance against fire. But nothing in this section shall exempt any officer of Police or any member of =[the Tamil Nadu Fire Services or of] any fire-brigade from liability to damages on account of any acts done by him withouk reasonable cause.

62. All charges on account of establishments and appliances for extinguishing fire maintained by the Police under the orders of the 2[State Government] for general use, and all expenses incurred on the ommion of any fire by the Police in the execution of their duty, shall be paid by the Municipal Commissioners for the City of Madras upon the Commissioner certifying the amount thereof.

8[62-A. Whoever gives or causes to be given 60 any fie-brigade in the City of Madras or 4[to any member thereof or to any member of the Tamil Nadu Fire Services having jurisdiction over the City or any paxt thereof] whether by means of a street fire-alarm, statement, message or otherwise, any alarm of fire which he knows to be false, shall be liable on conviction to fine which may extend to fifty rupees].

The words " the Madras Fire Services or of " were inserted by section 2 (ii) of the Madras City Police and District Police (Amendment) Act, 1947 (Madras Act VIII of 1947) and for the expresalon '',Wras Fire Services" the expression " Tamil Nadu Fire Services was substituted by the Tamil Nadu Adaptation o f Laws Order, 1970, which wae deemed to have come into force on the 14th Januery 1969.

a The words '' Provincial C-ovornment " were substituted for the words "Governor in Council " by the Adaptation Ordqf o 1937 and the word *' State " was substituted for " Provincial by the Adaptation Order of 1960.

a Section 62-A was inserted by section 2 of the Madraa City Police (Second Amendment) Act, 1933 (Madras Act XI11 of 1933).

The words " to any member thereof or to any member of the Yadraa Fire Services having jurisdiction over the City or any p& thereof" were substitutad for the words "to any ofIiccr or firoman thoreof" by section 2 (iii) of the Madras City Police and District Police (Amendment) Act, 1947 (Madras ,fit VIII of 1947) and for the expression '' Madras Fire Services the expression T d Nadu Fire Servioes" was substituted by the Tamil Nadu Adaptet- ion of Laws Order, 1970, which was deemed to have oome into force on the 14th January 1969.

, 1888: T.N. Act IIn Madras'City Police

1 m o e v e r is convicted under this section, after having been previously convicted either under this section or under section 43 of the '(Tamil Nadu)

of District Police Act, 1859, shall be liable to simple lrs@. imprisonment for a period whioh may extend to six

months and shall also be liable to fi4e.I

63. Whoever kthout reasonable excuse wilfully pedtY io. enters into or on any dwelling-house or other building, wilful or on any land or ground attached thereto, or onCmPP"'* any boat or vessel, or on any ground belonging to the s[Government] or' appropriated to publio purposes, ahall be liable on conviotion to fine not exceeding twenty rupees,

64. Whoever is found between sunset and sunrise- Penat, for being iound

(1) armed with any dangerous instrument with armed iatenb to commit an offence, or between

sunset and (2) having his face covered or otherwise disguised :TEAg,

with intent to commit an offence, or eornmit an offenoe, eta.

(3) in any dwelling-house or other building, or on board any vessel or boat, without being able satisfactorily to account for his presence there, or

(4) lying or loitering in any 4[bazaar, yard or public place], being a reputed thief and withouC being able to give a satisfactory account of himself, or

A This paragraph was added by section 2(iv) of the Madras City Police and District Police (Amendment) Aot, 1947 (Madrar Aot VIII of 1947). ' These wordr were substituted for the word "Madres" by

the Tamil Nadu Adaptation of Laws Order, 1989, M emended by the Taxnil Nsdu Adaptation of Laws (Second Amendment) Ordor, 1969, whioh oame into force on the 14th January 1969.

8The word "Crown" was substituted for the word8 6' Governor in Council " by Che Adaptation Order of 19!: and the word " Government " was substituted for " Crown by the Adaptation Order of 1950. @ 'These words were substituted for the words " baeear, etreet, road, yard, thoroughfm, or other place" by section 2 (v) of the Yadres City Polioe and Towns Nuiaanoes (Amendnhent) Act, 1941 (Madraa Aot XXIII of 1941). This Act wes permanently re-enaoted by eeotion 2 (1) of, and the Firat Sohodule to, the Tam11 Nadu Re-enaoting Aot, 194'9 (Tamil Nadu Act X of 1949).

Penalty for poseeruddn of pmpsrty belreved ta have been rtolen.

Penel6y for buging.~..:: : , :

baking please ::. a ohild. ,. . .

P e d t y for introduoing spirits, eta., Into bsrraolm or on board r e w h of war.

Afadrm City Po1,ioe ?sS[: Tali$ Act* \ .:t ,+ (6) hwbg in, his possession without lawful .. exouse \ 69 . ' implement .of hou~e~breaking, the In

ment for any term not exoeeding three months.

i888: T.N. A C ~ 1111 2Cladras Uity Police

- 69. Whoever, not being a soldier or sailor Penafty for tlie Indian Army or Navy] or a Polioe-officer or a :zEg

ember of a Volunteer corps, goes armed with any sive weapon in any authority.

e of the Commissioner, shall

s redeemed by payment of such fine not exceeding ees as the Commissioner may impose.

70. Whoever wilfully harbours or conceals any Penalty for or apprentice belonging to any vessel knowing harbouring desertera

reason to believe such seaman or apprentice from vearela. eserter, shall be liable on conviction to fine ing one hundred rupees.

ublic place] commits any Pendty for all be liable on conviction certain off-

ding fifty rupees, or to imprisonment ;::: pUb1lc d to one month :-

i. Whoever drives or rides uiiy ani~nal, or drives, ~ e ; ~ g ~ ~ t drags or pushes any vehicle in a rash or negligent dri,,,,.

by negligence or ill-usage in driving Causing mischief or obstruction by such

gence m driving cattle.

iii. Whoever drives, rides or leads any elephant Driving,eto., permission from the Commissioner. elephmt or

substituted for tho words in the Army or permission. by tho Adaptation (Amendment) Order of

Driving, etc., otherwise than in accordance . with the rules of the road.

Driving, etc., vehicles without rpringe otherwise illan on sfdo of road.

Driving, etc., &me1 or vehicle on s foot-way.

Permitting cattle or vehicle to be under control of child. I doaving vehicle or oattle with- out due oontrd. * Expoeing for ehow animal or vehicle, making or repairing vehicle, or trs-king horses except cre allowed by Commis- sioner.

Obstructing thoroughfare.

Madras City Police [1888: T.N. Act 111 1 1 [v. Whoever, without reasonable cause, drives,

drags or pushes any vehicle otherwise than in accor- dance with tho rules of the road notified from time to time by the 2[Statc Govornment], or fails, to obey the directions of a police officer for the time being in charge of the regulation of traffio.]

vi. Whoever drives, drags or pushes any vehiole without springs on any road or street except on the / side thereof. I

vii. Whoever leads or rides any animal, or drives, drags or pushes any vehicle, upon any foot-way, or fastens any animal so that i t osn stand aoross or upon any foot-way .

viii. Whoever permits any cattle or vehiole to be under the control of a child un 3r the age of twelve years. 4

in. Whoever, being in charge of any vehicle or cattle, leaves i t or them a t such distance as not to have the same under due control.

x. Whoever cleans or exposes for show, hire or sale any animal or vehicle, or makes or repairs any part of any vehicle except in cases of accident where repair on the spot is necessary, or trains or breaks any horse except in such places and a t suoE times as may be allowed by the Commissioner.

~ i . Whoever oauses any vehicle to remain or stand longer than may be neoessary for loading or unloading, except at places appointed for the purpose

1 This clause was substituted for the original clause (v) by seotion 8(i) of the Mdraa City Police (Amendment) Act, 1936 (Madras Act XX of 1936).

a The words " Provincial Government " were substituted for the words "Local Qovenunent " by the Adaptation Order of 1937 and the word " State " wae substituted for " Provirroial " br bho A%ktion 0- of 19M).

1888: T.N. Act 1111 Madras City Police

by the Commissioner, or fastens any horse or other animal so as to cause obstruction ; or in any way wilfully obstructs or causes obstruction to the free passage of any thoroughfare.

mii. Whoever negligently lets loose any horse, or Letting loose suflers any ferocious dog to be at large without a hones or

ferocious muzzle, or sets on or urges any dog or other animal to attack, worry or put in fear any person or cattle.

xiii. Whoever conveys through the streets any conveying article which projects more than five feet in front or d i o l e which

projeota behind the vdlicle or vehicles on which it is placed: th, five feet.

xiv. Whoever flies a kite or wantonly frightens Flying a kite, any horse, or in driving, dragging or pushing a n y g g a g vehicle creates a noise reasonably calculated to cause horse, danger to the persons using the thoroughfare.

,xv. Whoever.' beats a drum or tom-tom, or blows Pla@% music, &horn or trumpet, or beats or sounds any brass or beating

other instrument or utensil, or plays any music =[or tom-tom, uses any sound amplifier] 2[except a t such times and etc- places and subject to such conditions as shall, from time to time, be allowed] by the Commissioner.

8[xvi. Whoever, without the consent of the Affixing.bas owner or ocoupier, in any manner affixes or causes ~ a ~ ~ . o m g

- 1 Theae words were inserted by section 2 (vi) (b) of the Madras

City Police and Towns Nuisances (Amendment) Act, 1941 (Madras Aot XXIII of 1941), re-enacted permanently by section 2 (1) of, and the Firat Schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949).

a These words were substituted for the words " excopt a t such fimes and plscos as shall bo, from time to time, allowed" by ibid.

8 This olause was substituted for tho original clause xvi by seotion 8 (ii) of the Madras City Police (Amendment) Aot, 1936 Madras Aot XX of 1938).

Madras City Police

to be affixed any bill, notice, document, paper br other thing '[upon any public place] or upon any building, monumentt, statue, effigy, post, wall, fence, tree or other erection theroin, or in any manner defaces, disfigures, writes upon or otherwise marks, or causes to be defaced, disfigured, written upon, or otherwise marked 2[any such 3(public place) or any such building,] monument, statue, effigy, post, wall, fenoe, i tree or erection.]

i3athing xvii. Whoever bathes or washes himself or any in public rtreet.

other person, or any animal or clothing, efoept in a place set apart for such purpose.

Intruding xviii. Whoever obstructs or incommodes a person on or fouling; botlli~ig a t any place sct apart as a bathing-place by bathing-plgce. wilful intrusion, or by washing cattlo or dogs a t or

near such place, or in any other way. 1 Uring xix. Whoever uses any indecent; threatening, indocent or abusive or insulting words or behaves in a threaten- thFeat.-g ing or insulting manner, or posts up or affixes or language. exhibits any indecent, threatening, abusive or insulting

paper or drawing with intent to provoke a breaoh of the peace, or whereby a breach of the peace may be occasioned.

1 The words " public place " were substituted for the words '#street, road, thoroughfaro or place of publio resort" by section 2

(vi) (c) of the Madras City Police and Towns Nuisances (Amendment) Act, 1941 (Madras Act XXIII of 1941). This Act wss permanently re-enacted by aection 2 (1) of, and the First Schedule to, the Tamil Nadu Re-enaoting Act, 1949 (Tamil Nadu Act X of 1949) and these words were substituted for the words " upon the public place " by section 4 of, and the Third Schedule to, the Tamil Nadu Repealing and Amending Act, 1967 (Tamil Nadu Act XXV of 1967).

2These words tvere 8u::tituted for thc words "the publio place or any such building by section 4 of, and the Third Sohedulc to, tho 'Carnil Nadu ltepeahng and Amending Act, 1967 (Tamil Nadu Act XXV of 1957).

8These words were substituted for the words "stroet, road, thoroughfare or dace of public resort" by section 2 (vi) (c) of the Madras City Police and Towns Nuisances (Amendment) Act, 1941 (Madras Act XXIII of 1941). This Aot wee permanent1 re. emoted by ecction 2(1) of, and th r First Schedule to, the $4 Nadu Re-enacting Act, 1949 (Tamil Nadu Aat X of 1949).

1888 : T.N. Act 1111 Madras City Police

Penalty for 72. Whoever is found gaming with cards, dice or counters, money, or other instruments of gaming co~k-f ight in~ in any '[public place], or publicly fighting cocks, ;gb l ic or present as a spectator of such gaming or cock- fighting, ahaU be liable on conviction to fine not eitoeeding fifty rupees or to imprisonment not exceed- ing one month ; and such instruments of gaming and money shall be forfeited.

73. Whoever in or by the side of or near to any Penalty for 6[public place], wilfully and indecently exposes his gf Ez;: person, or commits a nuisance by easing himself, public place and whoever having the care or custody of any ohild under seven years of age omits to prevent such ohild from committing a nuisance as aforesaid, shall be - liable on conviction to fine not exceeding fifty rupees.

- -- : Clausc xx was repoaled by section 3 of tho Madras Suppression

of Immoral Traffic Act, 1930 (Madras Act V of 1930).

'Clause xxi was omitted by section 2 of the Madras City Yolice .

(Amendmcnt) Act, 1941 (Madras Act XI11 of 1941), re-enacted . . permanently by soction 2 of, and tho First Schedule to, the Tamil Nedu Re-enacting end Repealing (No. I) Act, 1948 (Tamil Nedu Act VII of 1848).

8pctions 71-A to 71-L wore ~*cpoalctl by soction 29 of tho Ta.tnil Nadu Provontion of Begging (Al;londlnont) Art, 964 (Tamil Nadu Act 40 of 1964,) which camo into fo.co on the 1st May 19LG.

' Section 71-M, whicli wns jnscrtrd byscction 2 of 1Ilc Madras City Polico (Amontlmo~~t) Act, 1047 (3fc~clras Act. X)II71I1 of 1947). was omittod by soction 20 of' t,llcr Tamil Nntlu 1lt~alo1c.y C~uringe (Amendmcnt) Art, 1964 ( T ~ m i l Nod11 A c t 21 of 1904).

These words were,!ubstitutbd for the words " public street, place or thoroughfare by ~cction 2 (vii) of tho MRdrau City Polico and Towns Nuinnnccs (Amondrnent) Act, 1041 (I\.Lodran . Act X?ETJT of 1941). 'U~is Act. wns porninr~emi.ly n.-rntl.ntot1 hy section 2 ( 1 ) of; cirtcl tllo Ifip~t, Scl1(?#1111o 1,0, tho 'I(LIIII~! hl:bc111 1tc.- onmcting Act, 1949 (Tamil Natlu Act X of 1040).

'Those words were suhstitrltod for pp worcls " public street, tlloro~~ghfnro or plncc of prlhlic r~rsort by scctinn 2 (viii) of tho Madras City Polico and Towns Nuisnnccs (Atnr?nclmc~lt.) Act, 1941 (Madras Act XXIII of 1941), ro-enactcd pomancntly by section 2 (1) of, and the First Schedule to, the Tamil Natiu Re. onacting Act, 1940 (Temil Nadu,A.ct X of 1949).

Penalty for lighting boniire, burninf straw, [dl'aw- Ing, carrying, dragging or burning any awl, disoharging fire-arm, eta., in or

. near any public place.

Madras City Police

74. Whoever, exoept a t snoh times as the Commissioner may a[publio pbce] lights any bo any straw or other matter, or burns any effigy or] discharges any fire-arm or air-gun, sets off or discharges any firework, L - sends ,

up any fire-balloon, or permits such act to be done in premises over which he has control, shall be liabla on conviction to fine not exceeding fifty rupees. In the event of any such aot being'done within any private premises, the person having the immediate oontrol of suoh premises shall be deemed to have. permitted the act, unless he oan prove that the aot was committed without his knowledge.

Penalty for drunkenness 75, Whoever is found drunk and incapable of taking' orriotous or oare of himself, is guilty of any riotous, disorderly indecent or indecent behaviour 3[in any public place, in any ''ehaviOur place of publio an~usernent], or on board any passen- . ; in public place, etc. ger boat or vessel, and whoever is guilty of any '

violent, disorderly or indecent behaviour in any Police-court, office, or station, &all be liable on oon- viotion to fine not exceeding fifty ' rupees, or to I.

imprisonment not exceeding one month, or to both.

Power to cancel o r

'[76. (1) The Commissioner may, at any time and suspend any for reasons to be recorded in writing, cancel or suspend ' .i licenoe and any lioence granted under this Act : mnaltv for b r e a c ~ of , . -- oondi tions of . . $ ! licences. 1 These words were inserted by section 3 of the Madras City 'j

Police (Amendment) Act, 1961 (Tamil Nadu Act 37 of 1961). ":

these words were substituted for the words " street, road or thoroughfare " by seotion 2 (ix) of the Madras City Police and Towns Nuisances (Amendment) Act, 1941 (Madras Act XXIII of 1941), re-enacted permanently by section 2(1) of, and the First i

Schedule to, the Tamil Nadu Re.enaoting Act, 1949 (Tamil Nadu Act X of 1949). ' 4 i4

8 These words were substituted for tho words " in any street-or thoroughftlro in any placo of puhlic nn~umcmcnt or resort " by , section 2(x) of the Madras City Police and town^ Nuisances(Amend- ment) Act, 1941 (Madr~s Act XSIII of 1941), re-enacted permanen- *

tly by section 2 (1) of, and the First Schedule to, the Tamil Nadu Re-enacting Act, 1949 (Tamil Nadu Act X of 1949).

4This section was ~nhst~ituted for the original seotion 7 seotion 4 of the Madras City Police (Amendment) Aot, 1061 Nadu Act 37 of 1961).

l888 : T.N. Act 1111 ~W{ulras City Police 369

Provided that no suoh cancellation or suspen- sion shdl be ordered unless the holder of the licence has been given a reasonable opportunity of showing oause against the order proposed to be made in

- regard to him.

(2) In the event of breaoh by the holder of a + licence granted under this Aot or by his servants

or by any ono acting or purporting to act with his express or implied permission on his behalf, of any ... of the conditions of such licence, such holder shall,

'. .,, in addition to the cancellation or suspension of the . lioence granted to him, be liable on conviction to

,C . . , a fine not exceeding one huriclred rupees.

' ' (3) Any person who commits any suah breaoh , shall, whether he aots with or without the permission

. ' , of the holder of the licence, be liable to the same punishment .]

77. For every licence or permission granted under Fee for f this Act, the Commissioner may levy such fee not l ice"c~

exceeding two rupees as may from time to time be fixed by the '[State Government].

78. The '[State Government] may make by-laws power to consistent with this Act for more effectually carrying out the objects thereof and for the preservation of by-laws. order, and may from time to time repeal, alter or anlend any such by-law.

By-laws to b 79. Every by-law sliclll I)o published in the published e[Official Gazette] in English, Tamil, Telugu and in English and Hjndustani ; and .no by-law shall have effect until the expiration of one month from the date of its first publication in the 2[0fficial Gazette]. ---

1 The words "Provincial Gover~meut" were substitutod for tho words "Governor in Council" by tho Atlaptntion Order of 1937 nnd tho wort1 "State" was substituted for "Provincictl" by tho Adapt.ntion Ordor o f 1950.

I 2 These words wcro substituted for ths words " Fort St. George Uaqelte " by the Adaptation Orcler of 19Z7

Ilfadras Ci& Police [ISSS: T.N. Act I Q

Penalty for 80. For any breach of any such by-law, the offender bmmh of shall be liable on col~victioll to fine not exceeding by-law.

ten rupees or to imprisonment not exceeding one week.

L

Limitation 81: On account of [anything done or intended to be of aations. done under the provisions of this Act, or under the

provisions of any other law for the time being in force conferring powers on the police], no action shall be brought after the expiration of sin months, and no prosecution shall be instituted after the expiration of three months, from the date on which the act complained of shall have been oommitted. And no action shall lie in respect of any act on ilcoount of which a oriminsl prosecution 2[has been instituted and has failed].

Saving of 1)"l"lty 82. Notlling in this Act colltai~lod shall bo construed provided to prevent any porsoiz from bcing liablc under any by other other law to any other or higher punishment than is law. provided by this Act : Provided that no person f

shall bo punished twice for tho samo offence. i .I

[Repealed bjy the Repealing ated Anteding Act, 1901 (Cen,tral Act ST of 1901), Third Sc l~ . , Pt. IN.]

.. .-.-- - These worcls wcrc .;l~bstit~~tetl for the .evortls " a11yt.hing dane

oit,her under tho provisions of this Act or untlnr the provisions @f ally other law for t,ho time being in force, conferring powers on the police " by snction 2 (v) of tho 3frtrlr.a~ City Police and District Police (.lmonclmcnt,) Act,, 1947 (Msdrns Act VIIT of 1947).

Thcv 11.01.11, rcr.~(. -til)\titutc~rl for thc words " has been insti. d tutetl nnrl railcrl " 11v ~ ~ l i ~ n 3 ( 1 ) of, nnrl tho Second Scl~odule to, tho TnmZl Nnrlcl Rt jwnl~nl: nnd Arni~i~rlir~g Aot, 1951 (Ternil Ned11 Act XTV of 1!)51).

632' City Police (Amendmefit) , [1907: T.N. Aot I

l[TAMIL NADUJ ACT No. I11 OF 19078.

(Received the assent of the Governor on the 2nd &lay 1907, a d that of the Governor-General on the 20th May 1907.)

An Act to provide for the control by the Inspector-General of Police of the Administration of the Madras City Police.

Preamble. WHEREAS it is expedient to place the Commissioner of Police, Madras, under the control and direction of the Inspector-General; It is hereby enacted as follows :-

Title and corn- 1. The Act may be called the Madras City Police xz~en~ement* (Amendment) Act, 1907, and i t shall come into force

on suoh datsS as the 4[Sta;te Government] may, by a notification in the 6[0fficial Gazette] direct.

1 These words were substituted for the word " Madr88 " by the Tamil Nedu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Law8 (Seoond Amendment) Order, 1969, whioh oeme lnto foroe on the 14th Jesuasy 1969.

8 For Statement of Objeots and Reasons, see Fort 8t. George Gazette, 1907, Part W, page 44; for Prooeedings in Counoil, see aid, page 74.

SThis Act oame into form on the 1st September 1907, see St. George Gazette, 1907, Part I , page 866.

4 The wo;'ds " Provinoial avernment " were substituted for the words UovernIr in CoUD.oil " by the Adaptation Order of 1937 end the word State " w a ~ substituted for '* Pro-oial "

1 by the Adaptation Order of 1960.

6 ' f i ~ words were substituted for the word8 "Fort St. &or g by the Adaptation Order of 1937.

1907 : T.N. Act III] City Police (Amendment) 633

2. Notwithatandin anything contained in the control of the Madras City -xleotrr$t, 1888, the Commissioner of 2~2 ovm Police for the City of Madras shall, in the exercise the co-is. of his functions under the said Act =[except those eionerof Polioe. under section 7 thereofJ be under the control and direotion of the Inspeotor-General of Police for the '[State of Tamil Nadu], subject to any rules that may be made under section 3. '[ * * *].

3. It shall be competent to the TStato Govcm- Power Of state (jovernment t o merit] to make rules to limit and regnlato the t~xorcise mak9 rulsm

of the powers of oontrol and direction conferred on the Inspector-General of Police by section 2 in respect of the Commissioner of Police for the City of Madras.

These words were substit,uted for the word "Madras" by the Tamil Nadu Ada tation of Laws Order, 1969, as amen- ded by the Tamil ~ a & Adaptation of Laws (Seoond Amend- ment) Order, 1969.

These words and figure were inserted by section 10 of the Madras City Polioe (Amendment) Act, 1936 (Madras Act XX of 1936).

S This expression was substituted for the expression "Presi- dency of Madras" b the Tamil Nadu Adaptation of LLaws Order, 1970, which was dreemed to have come into force on the 14th January 1970.

4 The following words were omitted by section 10 of the Medrcas City Police (Amendment) Act, 1936 (Madrao Act XX of 1936):- <*Provided that suoh oontrol and direotion shall not extend to any matter in rospeot of which the said Con~rrlissioner of P o l i ~ is, under the said Act, expressly lnnde subject to the control and direction of the Lood Government."

5 The words "ProvinOial Government" \\-ere subst~tuted for the words "Looel aovernment" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adapta. tion Order of 1960.

860 Ma&a.r City Police, Toms tl942: T.N. Act XX- Nuisances and Preventian of

Crue/ty to Anhnnls Amendment)

'PAMIL N4DtJJ ACT No. X.X GF 1942'.

[THE MADRAS CITY POLICE, TOWNS NUISANCES AND PREVENTION OF CRUELTY TO AN~MALS (AMEND- MENT) ACT, 1942.3

(Received the assent of the Governor. General on the 20th Atrgust 1942 ; $rst publislted in the Fort St. George Gazette on the 1st Septrnlber 1942.)

An Acr further to amend the Madl as City Police Act, 1888,theTowns Nuisances~.ct, 18893, and the Prevention of Cruelty ta Animals Act, 1890, in its application to the4[State of Tamil Nadu].

i[Tamil WHERI.AS it is expedient ful t hw to antend the Madras ~ ~ ~ ; ; I I Cit!! Police 4ct, 1S88, the To\\ns Ni:iss nces Act, 1889" ,.f1*88. and the Prebention of Cruelty to Alli nals Act, 1890, ItTamil i n its application to the 'I.St:ite of Tamil Nadu] : "It ~ ~ ~ ~ / 1 is Ixreby enacted as follows : --I d o r 18x9.

T Central

I . This Act may be c:tlled the M;tc'sns Cis9, Police, ~ c t X I Towns N~,isancc.s xnd Prevention ol'Cn c l l j r :o Animals (Am?ntlrnctlt) Ac t . 1942,

"i.2-3.1 _ _ _ ._- - . . . A -__..-.__ ._ .

1 'Cllsse we~l.cts \\.ere :;::!~.;titulcd L,r the wort " Madms" by (11,.

nilnil N:tdu At1:rpt:~tion o f Laws Ortlcr., 1969, nu amended bv ihe Ta111il Nadu Ad;tpt.~tion ~f Law:; (Second A111en .l.n~c.r~O Ordcr, 1060.

":or Statement o f Objects and Rcnsons, .cc I.;),./ St. George Gtr:l,/!r, datctl the 14th Apr i l 1942, \'art IV-A,-pagt 31.

3 SOW the Tii111il N;~LIu Towns Nuisnncea Ad, 188') (Tirmil N:tdu Act I I I (if lS89).

* 'rllis cxprc,sinsn \\.;IS wbstitntcd For the c: press bit^ " Province 1 , f hkutras" by tltc Ta~nil Nadu i\~l;~pt;~tiun { b f Laws Ortier, 1970, which wao clcci~~cd ht11.c comc i ~ l t o hrce on th,: 141 h January 1969.

6 These wortls \\'et.c substituted fi)r the p::ragr;rph containing tile cnacting fortnctla ;ir~d the piir:~yr:ipli preccc ing that paragraph by swtion 5 of the Tiitnil Nadu Kc-rrlacting ur:d Kcptnling (No. I ) Act, 1948 (Tamil N8du Act V I f of 1948).

6 Swtions 2 and 3 were repea1c.l by Tamil N ~ d u Act XI of 1952.

1 Nuisances and Prevention of

Cruelty to Animals ( A m e d m e ~ t )

Central 4. (1) Se~ticn 13 of the Prevention of CrUelty to Amendment ' Act XI Animals Act, 1 F 90, shall be renumbered as subsection of sedan 13,

(1) of that sec.tion and in the sub-section as so re- numbered, for r l~e words and figure "under section 4 ", the words " under this Act " shall be substituted.

(2) After the subsection as so rerlumbered l[the following sub-sections] shall be added, namely:-

" (2) Any agent of the Society for the Preven- tion of Cruelty .o Animals who is specially empowered I

by the "State] Government in that behalf may arrest I

without a warrant any person committing in his view I

any offence punishable under this Act ;"

3["(3) The agent shall have power to release anypersonsoa~rested on his executing a bond, with , or without sure1 ies, for his appearance before a magis- trate if and whea required.

he Code of Criminal to any arrest made or s if the arrest had been

made, or tlae bond had been taken under the said

------ 1 These,~ords were substituted for the words "the following

subsection by sect~on 2 (2) of, and the Second Schedule to, the I

Tamil Nadu Re-enac ting Act, 1949 (Tamil Nadu Act X of 1949). a This word was substituted for the word " Provincial" by the

Adaptation Order of 1950.

1

cedure, 1973 (Centrat Act 2

-

I

. Act VII] Madras City Po/lce and 3 Gmhg (Amendment), I

I ! / '

$[TAMIL NADU] ACT No. VII OB 1949.2 : .

MADRAS CITY POLICE AND GA&G (AM~DMBNT) Act, 1949. . , ' . .i

cceived the assent bf the Governor c n the 28th March ,

9 ; and published in the Fort St. Gcorge Gazette, d the 5th April 1949.1

her to amend the Madras City Police Act, thc '[Tamil Nadu] Gaming Act; 1930.

WHEREAS it i s e xped ie nt fur t her t o amend t hc Madras City P~ l i ce Act, 1888, and i he l [TamilNadu] Gaming Act,' 1930, for the purposes hereinafta-

ing; It is hereby enacted a s follows :- 1. .(I) This Aci may be called i he l61.dr0.s Cit y Po lice Sl.101

aua Gaming (Amendmenl) Act, ;949. corn]

(2) This section and sections 3 a d 5 shp.11 come into force zt once. 3[ * * * 3

"(3) Sections 2 and 4 shall come ini o force on the 31st March 1975, notwithstanding znything conlained in any bw for the time being in force or in R ~ I Y noliFr?lioll or order isrued by the Govel nment .]

2. [The amendment ma.d>e by section 2 has been incor poratcd in the Principal Act (Tamil N~.d.du Act 111

-.c-

'These words were substituted for the wwd "Madras" by the T a d Nadu Adaptation of Laws Order, 1969, as amended by the mil Nadu Adaptat ion of Laws (Second Amen.dment) Order, 1969.

' "or Statement of Objects and Rease~ns, sec Part IV-A of tho Fort St. George Gnzcttc, da'ed t11c 9th Dcccrnbcr 1947, pages 581-582 ; bt Proceedings in Coul~cil, see Proceedings oft he Madras Lcgislat ivc Council, 1949 \~olurne 17, daf cd t11c 20t h January 1949.

. - 1 8 The exprssion "and sections 2 and 4 on such date as the Pro- vincial Government may, by no~ificat ion in 1 he Fort St. George Garette, appdnt ." was omi: t ed by sect ion 2 (i) of the Tamil Nadu Horse Races (Abolition of Wagering or Belting) Act, 1974 (~ami l Nadu Act 44 of 1974).

4This sub-section was inserted by section^ 2(2) of the Tamil Nadu Horse Races (Abolition of Wagering or Be Ling) Act, 1974 (Tamil Nadu Act 44 of 1974).

125-3- i~ 1 . j . . . -

,t title anc mencement

4 1 R Madras City Police and ~ a h i l [1!?75: T.N. Act 4 Nadu Towns Nuisances (Amendment)

I TAMIL NADU ACT NO. 4 OF 1M5.*

THE MADRAS CITY POLICE AND TAMIL NADU TOWNS NUISANCES (AMENDMENT) ACT, 1974.

[Received the assent of the Governor on the 9th January 1975, first plrblished in the Tamil Nadu G3vernment Gazette Extraordinary on the 17th January 1975 (Thai 4, Anatztha, (2006-Tiruvalluvar Andu)).]

An Act further to amend t%e Madras City Police Act, 1888 and the Tamil Nadu Towns Nuisances Act, 1889

BE it enacted by the Legislature of the State of Tamil Nadu in the Twenty-fifth Year of the Republic of India as follows : -

short title and 1. (1) This Act may be called the Madras City Police commencement. and Tamil Nadu Towns Nuisances (Amendment) Act,

I 1974.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

Amendment a. In the Madras City Police Act, 1888 (Tamil Nadu of Tamil Nada Act 111 of 18881,- Act 111 of 1888. 1

(i) in sub-section (1) of sectlon 41, for the words " sound amplifiers in public places ", the words " sound amplifiers in any area " shall be substituted ;

(ii) in clause (xv) of section 71, the words "or plays any music or uses any sound amplifier " shall be omitted ;

(iii) after section 71, the following section shall be inserted, namely :-

" 71-A. Unauthorised use o f S O U P ~ ~ amplifiers irr any area.-(1) Whoever plays any music or uses any sound amplifier except at such times and in such area and subject to such conditions as sha,ll, from time to time, be allowed by the C~mrnissioner or subject to his orders, any Police Officer abwe the rank of a Head Constable, shall be liable on convicticn to fine net exceeding five hundred rupees or to imprisonment which may extend to three months.

* For Statement of Objects and Reasons, see Tamil Nadu Gover* ment Gazette, dated the 6th November 1974, Part IY--Section 1, pages 271-272,

! I

I

~ 1975 : T.N. Act 41 Madras City Police and 419 Tarnil N ~ d n Towm Nuisance (Arnendmenr)

(2) Any Polioe Officer referred to in ~ub- section (1) may, subject to such rules as may be made in this behalf, seize any sound amplifizr usid in ccntra- vention of the terms and conditions of a licence granted under sub-section (1) and the Court trying an offence under this section may also direct the forfeitwe cf any sound amplifier so seized. ".

3. In the Tamil Nadu Towns Nuisances Act, 1889 p-FEUOf (Tamil Nadu Act 111 of 1889),- ~ c t 111 of

(i) clause (10) of section 3 shall be omitted; 1889.

(ii) after section 3, the following section shall be inserted, namely:--

'' 3-A. Unauthorised use of sound umpliJiers in any area.-(1) Whoever plays any music or uses any sound amplifier except a t such times and in such area and subject to such conditions as shall, from time to time, be allowed by an officer of tbe Police Department not below the rank of an Inspector of Police shall be liable on conviction to fi2e not exceeding five hundred rupees or to imprisonment which may extend to three months.

(2) Any Police Offlcer referred to in sub-section (1) may, subject to such rules as may be made in this behalf, seize any sound amplifier used in contravention of the !erms and conditions of a licencc granted under sub-section (1) and the Court trying an offence under this section may also cl irect the forfeit^ e of any sound amplifier so seized. ".

I 428

I Madras City Police [I975 : T. N. Act 17

(Amendment) I I

TAMIL NADU ACT NO. 17 OF lWS.* 1 THE MADRAS CITY POLICE (AMENDMENT)

ACT, 1975.

[Received the assent of the Governor on the 9th May 1975, first published in the Tamil Nadu Government Gazette Extraordinary on the 15th May 1975 (Vaikasi 1, Iratchasa (2006-Tiruvalluvar Aandu)).]

An Act further to amend the Madras City Police Act, 1888.

I I

BE it enacted by the Legislature of the S 't ate of Tamil &adu in the Twenty-sixth Year of the Republic of India as follows :-

Short title and 1. (1) This Act may be called the Madras City Police commencement. (Amendment) Act, 1975.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

Amendment of 2. In section 24 of the Madras City Police Act, 1888 section 243 (Tamil Nadu Act 111 of 1888) (hereinafter referred to as

Nadu Act the principal Act), for sub-section (I), the following sub- '' of 1888' section shall be substituted, namely :-

" (1) Notwithstanding anything contained in this Act or any other law for the time being in force,-

(a) any offence made punishable by section 45, 46, 49-A, 72 or 75 shall be cognizable,

I (b) any police officer may arr st without warrant any person committing in his view any offence made pllnishable by this Act.".

Am?ndment Of 3. In section 34 of the principal Act,- sectson 34, Tamil Nadu Act rn of 1888. (1) for the words " five hundred square feet ", the

words " forty-six and a half square metres " shall be substituted ; .

* For Statement of Objects and Reasons, ree Tamil Nadw Goverrtment Gazette Extraordinary, dated the 16th April 1975. part Iv- Section 1, Pages 126-127.

1975 : T. N . Act 171 Madras City Potice 429 (Amendment)

(2) the following proviso shall be added, namely:--

" Provided that nothing contained in this section shall apply to any church, temple, mosque or other pIaca of worship. ".

4. After section 34 of the principal Act, the follow- Insextionof new ing section shall be inserted, namely :- section 34-A m

Tamil Nadu Act 111 of 1888.

" 34-A. Penalty for selling tickets for admission to any place of entertainment in certain circumstances.-

(1) Whoever sells or attempts to sell except under the authority of, and at the place provided for and at the price fixed in this behalf by, the proprietor of any entertain- ment, any ticket for admission to any place of such enter- tainment, shall be liable on conviction to fine not exceeding one hundred rupees, or to imprisonment not exceeding three months, or to both.

(2) Any police officer, not below the rank of a head constable, may arrest, without warrant, any person who, in his view, commits any offence punishable under sub- section (1) or seize any ticket in respect of which he is satisfied that any such offence has been committed.

(3) A Judicial Magistrate trying an offence punishable under sub-section (I), may, without prejudice to any other punishment that may be imposed under sub-section (I), direct the forfeiture of any ticket seized under sub-section (2).

Explanation.-In this section, " proprietor " in relation to an entertainment includes any person, responsible for the conduct and management of such entertainment.".

5. In section 40-A of the principal Act,- Amendment of section 4 0 4 ,

(1) in sub-section (I), in the proviso, for the words Tam1 Nadu Act and letters "Fort St . George Gazette ", the words " Tamil 111 Of 1888. Nadu Government Gazette " shall be substituted ;

(2) in sub-section (2), for the words and letters " Fort St. George Gazette ", the words " Tamil Nadzl Government Gazette " shall be substituted.

430 Madras CitY Police 11975 : T.N. Act 17 (Amendment)

Amendment of 6. In section 41 of the principal Act,-- sectlon 41, Tamil Nadu 111 of 1888. (1) after subsection (41, the following sub-se!tion

shall be inserted, namely :-

I " (4-A) Without prejudice to the provisions of sub-

sections (1) to (4), where any person intends to direct or promote any procession, he shall give prior notice, in writing, at least 24 hours i s advance of the commencement of such procession indicating therein the routes by which and the time at which the procession is proposed to be taken. Such notice shall be given to any police officer above the rank of a head constable of the police station having jurisdiction over the area in which the procession starts."; I

(2) in sub-sectlon (6), after clause (b), the following clause shall be inserted, namely:-

"(bb) fails to give prior notice referred to in sub- section (4-A), or ".

I Amendment of 7, In section 49-A of the principal Act, in sub-section

49-Ay (I), for the words " shall be punishable with imprisonment Tamil Nadu 1 1 ~ of which may extend to one year, or with fine which

1888. may extend to one thousand rupees, or with both " and the proviso thereunder, the following shall be substituted, namely :-

" shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees, but in the absence of special and adequate reasons to the contrary to be men- tioned in the judgement of the court-

(i) such imprisonment shall not be less than three months and such fine shall not be less than five hundred rupeesIfor the first offence ;

(ii) such imprisonment shall not b:: less than six months and such fine shall not be less than sevenjhundred and fifty rupees for the second offence ; and

(iii) such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees for the third or any subsequent offence.".

1975 8 T.N. Act 171 Marfras Ci ty Police 431 (Amendment)

8. After section 49-A of the principal Act, the following Insertion ofnew section shall be inserted, namely :- section 49-B ia

Tamil Nadu Act I11 of 1888. " 49-B, Presumption of off'nce, e t c . 4 1 ) Where in

m y trial of an offence punishable under sub-section (1) of section 49-A, it is proved that-

(i) slips containing digits showing . the market price of cotton, bullion or other commodity, or

(ii) accounts which appear to relate to cash received or disbursed for the purpose of wagering or betting on the market price of cotton, bullion or other commodity, or

(iii) newspapers containing publication of such price,

are found in m y house, room, tent, enclosure, vehicle, vessel or place, it shall be presumed, until the contrary is proved, that such house, room, tent, enclosure, vehicle, vessel or place is used for the purpose of gaming within the meaning of sub+ection (1) of section 49-A.

(2) Where in any trial of an offence punishable under sub-section (2) or sub-section (3) of section 49-A, it is proved that the accused person is found in possession of any of the materials specified in sub-section (I), it shall be presumed, until the contrary is proved, that the accused has committed the offence under sub-section (2) or sub- section (3), as the case may be, of' section 494.".

9. In section 60 of the principal Act, for the words Amendment of 11 fifty naye paise " and " one rupee ", the words " three section 6%

Tamil Nadu rupees " and " five rupees " shall, respectively, be substi- Act 111 of 1888. tuted.

10. In section 71 of the principal Act,- Amendment of section 71, Tamil Nadu (I) in the opening paragraph, for the words " fifty Act of 1888, rupees " and " one month ", the words "two hundred

and fifty rupees " and " three months" shall, respectively, be substituted :

(2) in clause (xiii), for the words "five feet "occurring in two places, the words " one and a half metres " shall be substituted I

~ 432 Madras City Police : 2'. N. !4ct 1'7

(Amendment)

(3) after clause (xix), the following clause shall be added, namely :-

"(xx) Organising assembly without providing petromax lights in addition to electric lights.-Whoever organises any assembly, meeting or procession between sunset and sunrise without providing sufficient pertromax lights in addition to electric lights.".

Amendment of 11. In section 72 of the principal Act, for the words 72y "fifty rupees" and "one month ", the words " one hundred Tamil Nadu Act

111 of 1888. rupees " and "three months" shall, respectively, be substi- tuted.

substitution of 12. For section 75 of the principal Act, the fdllowing section 75, section shall be substituted, namely :- Tamil NaduAct 111 of 1888. " 75. Penalty for drunkenness or riotous or indecent

behaviour in public place.-(l)Whoever,in any public place, office, station-house or court, or in any place of public amusement or on board any passenger boat or vessel, is-

(a) found drunk and incapable of taking care of himself ; or

(b) found drunk and under the influence oE liquor or drug ; or

(c) found behaving in a violent or boisterous or disorderly or riotous or indecent manner or using any threatening, abusive or insulting words which causes or is likely to cause a breach of public peace,

shall be liable on conviction to imprisonment not exceeding six months or fine not exceeding one thousand rupes.

(2) Whoever is- (a) found drunk and behaving in a violent OF riotous

or indecent manner in a private place, or causing nuisance or annoyance to the publlc or to neighbours ; or

(b) found drunk and under the influence of liquor or drug while driving or riding a vehicle,

be liable on conviction to imprisonment not excee- ding six months or fine not exceeding one thousand rupees.".

Amendment of 13. In section 77 of the principal Act, for the words ~ ~ & ~ ~ ; A s t two rupees ': the words " twenty rupees " shall w of 1888. be substituted.

i9Sdr heisdent's Act 395 - had& City Police b5j (Amendment)

PRESIDENT'S ACT NO. 39 OF 1976.

THE MADRAS CITY POLICE (AMENDMENT) ACT, 1976.

[Received the assent of the President on the 5th November 1976, $rst published in the Tamil Nadu Government Gazette extra or dinar.^ on the 5th November 1976 (Aippasi 20, Nala (2007-Tiruvalluvar Andu)" .]

Enacted by the President in the Twenty-seventh Year of the Republic of India.

An Act further to amend the Madras City Police Act, 1888.

In exercise of the powers conferred by section 3 of the Tamil Nadu State Legislature (Delegation of Powers) Act, 1976 (41 of 1976), the President is pleased to enact as follows :-

1. (1) This Act may be called the Madras City Police Short title (Amendment) Act, 1976. and commen-

cement.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

a. In sub-section (6) of section 41 of the Madras City Amendment of Police Act, 1888 (Tamil Nadu. Act I11 of 1888), for the Sec'iOn 41. words "to a fine not exceeding one hundred rupees", the words " to a fine not exceeding one thousand rupees, or to imprisonment not exceeding one month, or to both" shall be substituted.

* For Reasons for the enactment, See Tamil Nadu Government Gazette ?%traordlnary, dated the 5th November 1976, Part IV- Section 2, Pages 332-333.

11. In section 77 of the Madras City Police Act, 1888 Amendmerd (Tamil Nadu Act I11 of 1888), for the words "twenty Tamil section Nadu 7'8 rupees", the words "seventy-five rllpees" shall be substituted. A , ~ of

1888.

*For Statement of Objects and Reasons, see Tamil Nadu Govern- ment Gazette Extraordinary, dated the 27th October 1979, Part 1V -Section 1, Pages 362-363.

3979: T.N. Act 631 Madras City Police (~mendment) 1053

TAMIL NADU ACT NO. 63 OF 1979.'

THE MADRAS CITY POLICE (AMENDMENT) ACT, 1979.

[Received the assent of the Governor on the 7th December 1979, first published in the Tamil Nsldu Government Gazette Extraordinary on the 7th December 1979 (Karthigai 2 1, Chitharthi (2010-Tiruvalluvar Andu)).]

An Act further to amend the Madras City Police Act, 1888.

BE it enacted by the Legislature of the State of Tamil Nadu in the Thirtieth Year ofihe Republic of India as follows :-

1. (1) This Act may be called the Madras City Police Short titlo (Amendment) Act, 1979. and cotmom. ement.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

TAMIL NADU ACT NO. k4 OF 1979X.l

I

THE MADRAS CITY POLICE (SECOND AMENDMENT) ACT, 1979.

1054 Madras City Police (Second Amendment)

[Received the assent of the Governor on the 29th November 1979,jirst published in the Tamil Nadu Government Gazette Extraordinary on the 7th December 1979 {Knrthigai 21, Chitharthi, (2010-Tiruvalluvar Andu)).]

[I979 : T.N. Act 64

An Act further to amend the Madras City Police Act, 1888. I BE it enacted by the Legislature of the State of Tamil Nadu

,

in the Thirtieth Year of the Republic of India as follows :-

short title and 1. (1) This Act may be called the Madras City Police (Second Amendment) Act, 1979.

(2) It shall come into force on such date as the State Government may, by notification, appoint .

2. Section 34 of the Madras City Police Act, 1888 1 Amendment of sectien 34, (Tamil Nsrdu Act I11 of 1888) (hereinafter referred to as the Tamil Nadu principal Act) shall be renumbered as sub-section (1) of Act

Of 1888' that section and-

(1) in sub-section (1) as so renumbered, in the kroviso, for the words "in this section", thewords "in this sub- sectionv shall be substituted ; 1 I

(2) after sub-section (1) as so renumbered, the following sub-sections shall be added, namely :-,

I

"(2) The Commissioner may, at the time of grant of a licence under sub-section (1) or at any time during the currency of any such licence, requlre any person, other than a local authority, applying for such licence or the holder of such licence, as the case may be, to deposit with the Commissioner in cash or in Government promissory notes such sum, as may be prescribed, as securlty for the due observance of the conditions of the licence.

I

*For Statement of Objects and Reasons, see Tamil Nadu Govern- ment Gazette Extraordinary, dated the 30th October 1979, Part & -section 1, Page 396.

1979 ; T.N. Act 641 Madras City Police (Second 1055 Ammdment)

(3) Where there is breach or notl-observance of the conditions of the licence granted under sub-section (I), the Commissioner may forfeit the security so deposited to the Government*

(4) The forfeiture of the deposit shall not be a bar for proceeding against the holder of the licence under the provisions of section 76.".

3. In section 76 of the principal Act, after sub-section Amendment (I), the following sub-section shall be inserted, namely :- of section 76,

Tamil Nadu Act 111 of

"(1-A) Notwithstanding anything contained in the 1888, proviso to sub-section (I), in so far as it relates to suspension of any licence granted under this Act, where a prima facie ease has been made out, the Commissioner may, at any time and for reasons to be recorded in writing, suspend any licence granted under this Act and in such a case, no show cause notice is nectssary.".

1981: T.N. Act 351 D ~ t r i c t Police and the Madras 517 City Police (Amendment)

TAMIL NADU ACI' NO. 35 OF l98lt,

THE TAMIL NADU DISTRICT POLICE AND THE MADRAS CITY POLICE (AMENDMENT)

ACT, 1982.

[ Received the assent of the Governor 3n the 29th May 1981, fist plrblished in the Tamil Nadu O ov( rnment Gazette

Extraordinary on the 6th June 1981 (Vaikcrsi 24, nunmathi- - 20 12-Thiruvalluvar Aandu).l

An Act further lo amend the Tamil Nadu Dtvtrict Police Act, 1859 and the Madras City Police Act, 1888.

Be it enacted by the Legislature of the State of T a d Madu in the Thirty. second Year of the Republic of India as fall- :-

1. f I) This Act may be called thc Tamil ~ a d ~ Distfift Short title and Police a d the Madras City Police (Amendment> Act, 1981. ~ z ~ n c e w (3 Clauses (1) and (2) of section 2 and clause (3). of

&ion 3 s W l be deemed to have come into force on the 20th October 1971 ; and the rest of this Act shall come ln fo force on such date as the State Government may, by

&fiation, appoint. I3

Z. In the Tamil Nadu DistrfCt P 0 l l ~ Ach I859 Amendment ,f (Central Act X X V u f 1 8 5 9 ) r Cent ral Act

(1) insecgicn 8, for the words "as may be XkaV of '859,

determined by the State Government", the following be substituted, namely :-

"N may be determined by the State Gowr-d by either prospectively or ntrogpectively :

Provided that the rules made udkr this section WU not k v e retrospectiv~ effect from a date earlier than the 20th day of October 1971.";

(2) in section 10,-

(i) before the words 'hnder this Act", the wogds weifher prospectively or retroSpectively" shall be ;

* Far staemenk o€ Objvcts and R e a m s see Tmi l Nadu wvmmm, Gazette Enraodinary, dated the 2nd Alpsit f -1, part $~-~eCri.on f , page 488.

. , . 6 "" # '

5 181. " ~is tr lc( ~oliiti'.;t~d rlie ~ ~ d i c w [1981 : - ~ d . dc t 36 ' Ci tj ' police Umeridmeni~

t.- ' " y 0 . . Ii..,

( i i ) the Following Pr'oviiso 6hill be adba at the end, namely :- . . ;-%*

! 6 L P.rovided that the rules made under this'sedion shall :-t have retrospective effect from a date earlier than the2Qth dqy of Dctober 1971." ; . r ,

* . z 4 . * '

13)''in. section 50, for the words "a ~agistrate?, the~words ''an executive magistrate" shall be substituted.

I ' . \ , . I

Amendment of 3. I@ I h~ Madras City Police Act, 1888 (Teq ypdq Tamil Nadu Act 111 of 1888),-- ' 7 . . ,

A C ~ rn of 1888 (1) for section 7, the following ' sectibn shai be

spbstituted, namely. :;- , . * - . * r ? - . . . . , - 1 a $ - . : . '. . < . 1 , I - ... h . I . , I. . . . : : i,: ,,L "7. Cornmissibner 's power as " ~ a ~ t r t r a t e . ~ ~ ,

L.T. . r . . : ~ . . . ,.... . - r Commissioner shall, *by virtue of his office, be an ex&tFvd ' - J magistrate for the purposes of the . Gde. .qf, -Qj* - -Procedure, '1973 (Central Act 2 of 1974), and shall exe&i&-

the powers as : a? executiye magistfgte, ~i ibjeg~. '@ fl(lch ordera'as- the State :Gaverwant :may, from 'time it$&^^ iqsue?'; - . C . r . . 1 1 . . * - . -.

a

:(. * ,<vfJ 8 % ,* i!b[ji+ - 4

6 - (2) s e c t i ' ~ ~ 8.shtIll Qe -0tnittgd ; . . : . . - , . flc3 : ; : ~ * ~ ~ 2 ;\;?<...:);b

(3) in section 9, in the second'. paragraph; 'for 146% je ;G-;,LI,,F~::T+~~ words "as mi iy be detey$~dr by the State \ . .. Gove5anroltW, l &. .*a

.?el?.. 1 , it: c.3 t b following shall b6 suli~titbted,~; - y ' , nami:ly:- $ . , :.I ; t y ; i 2 f ~ )

r+ g!< t % . . .. .* ,%C v:, . . . . "as may be determibed by the ,State .Gov$r$ment by .. .I rules' . ,either p r o ~ , p ~ c ~ ~ e l x or :-ret~p$pectiv,el$ : . ;J . :~: : , -~5

I - "- # 2 . ... : !' , &ji;;* s- ,-j

Rovided that the rules made u'hder thii seition, shal. pot 4.have @rosp6cti~e e&&. fiom,a Sdate earliec'than the 2Cth day of October ;lNL!'; L:. . : *. . . : ... . +.-.,... , a ~ ; q f ; < ~ -.,. yd

. . $6 * ; -.' -(i) ' in ' th :&aigihii$ kheading, for the wqrd ':+$i~k of offence", the words* "bffences . committed' in th& presence" shall be substituted ;

-.4 b ' T p . * , , : .SF) , .... * ,.. %.-2 'a-L \*" I

Oi), ,subqection$. (L). and (2), fory the words . v i e % i t two plaas ,wber&. they o m >

:Gords "in his presence" . shall be substituted ;, . . . 9 f e . , s

- - .- . .. . - . -- .. ,* - * . -$ '.(S)-in section 26, for the explessioq "at@ of ; h m i h J- ~rcjkedure, 1882", the expres~iod !'W&,, ;$f Criminal Procedure, 1973 (Central Act 2 of 1974)". $Hall c substituted;

1981::T; , ... N; . . . Act 351 . Di8trict Police and the Madras 5 19 * ,

' City Polee (Amendment)

(6) in . . section 31,- t i )

(i) for the expressidii "523,524 i d 5 2 5 of the Code of Criminal Procedure, 1882"; the expression "457, 458 and 459 of the &code of Criminal Procedure, 1973 (Central Act 2 of 1974)" shall be substituted ; , i !

.(ii) for the expression "Cotie of Criminal Proce- . duie, 1882" occurring in the margin, the expression "Code of Criminal Proceclure, 1973" shall be substituted and the marginal expressic.n "Central 'Act X of 1882" shall be o a t e d ,. , I . ; . . \ I

, . ? \ - , .

(7) in section 71,- , . i '

- - ' (a) before clause (i), 'the folloiving proviso ahall '

be inserted, namely :- . . :. + ' "~tbvided t h t a a rson convicted for an offence r . = - ,. - . ..

. , , 1 - under clause (xvi) shall. also be liable to pay by. way of: - : - * - - .A-

compensation to the owner or. occupier such amount not e x ~ d i n g five hundred rupees as the court may,, by order, direct which may, in tKe opinion of the court -be reasonalily incurred by suclrowner or ,occupier in erasing and colour- wasMng the'portion of the public place or any building, +

monunpept, statue, ehigy,, post, wall, fence, tree or other 1.- r . r erection* therein which has been defaced, disfigured, . ., . - . -

written upon or otherwise marked."; sr , . . . 'I -. . ' . J . ' . - . . , . _ . . I , .I .. . I ' -

(b) in clause (xvi), for the word "whoever", the . . I worgs:"whoever whether by himself or by any other per- son on his Behalf" shall be substituted.

.I . * .

? -.

',') TW m u 433 m. '3j 6~~ igslk, .

a . . i i .

THE TAMIL NADU PAYMENT OF S A L ~ E E S ~ (AMENDh.IENT)* ACT, 198 1, , ,, 2 , , ,' 1 3 _ L- . . d

[Received the as$& of the Governor on the 6th June 1981,

An Act further !o omend the Tumil Nadu Payment of W@#m Act, 1951. i

Bait enacted by the Legislature of the ~ t a i e of Tamil N~JU is-the Thirty"~eeond -Year of the h p u W : d kqdia as follows :- , .

I ' <. *

short tit Ic and 1. (1) ~ h i $ ; ~ c t may be ,called the Tamil N ~ d p Wymegt ~ e r n u r n n r . of Sdatles (Amendment) A@, t38L, . .-.. ,

j

(2) (i) Clause (1) of eection 2 shall be deemed to L~(o ;

come into force on the 1st May 1981. ,

(ii) Clause (3) of section 2 shall be deems to have come into force on the 1st July 1986

Amendment of 2. In section 12 ofthe Tamil Nadu Paymi4t of s&&rjql' : section 12, Act, 1951 (Tamil Nadu Act XX' of 1951),-

. a - . d Samil Nadu A ct XX of (:,\ in sub-section' (1-A), for the expression "threa 195:. t-*ndred and fifty rupees per mensema', the expression

"four hundred rup%s per menseal" shall be substitute4 $ I

(2) in sub-secticm (4-B), for the expression utelephm allowance of one hndred and fifty rupees per mensem irrespective of the fact xhether he has any telephone or ~ot" , the following shall be substituted, namely :-

"telephone allowauce of- (a) (i) one hundred and fifty rupees per rnensem

with effect on and from the 1st July 1980 ; and (ii) two hundred and fifty rupees per memm

with effect on and from the 1st May 1981, if be has a telephone at his residence ;

(b) (i) two hundred rupees per mcrrsem, ,with effect 09 and from tht: 1st July 1980 ; aod C 4

For S~atement of Obj~cts and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 11 th May 1981, P a t IV-Section 1, pages 597 and 598.

- ' (ii) three bdtldied hpces per with effe~t on and from the 1st May 1981,

( 1

if he has ao telephone at his reddeiwe." ;

i L '(3) ~ T Z ~suh&rion (4-C), foi' the mrd "&ae9,, ~: I W@ "'md me- q w e r l y reht at; the :hte of ono W r e d aab sevtmtyifivp rapeed par qwrtsr" sbaP be substitntsd.

I ,, , . , ? . --. ' f U 2 l ! 5 L I E 7 BY AUTHORITY I I t-: ,%:, r t, :<DII. . . .. ::

rl.IDFtAS, THURSDAY, AUGUST I , 1985 i 39 i j

AACPI i?, KURQTHANA, THlRLdVAUUVAR AANDU-2016 11

, il

*.-..-* .* (Regfreed No. W I' 0 --

CUT EB~:E:EN~ UP' TdUiL N l D D

and is hereby k

ACT K O . 33 OF [98S.

i j c l l : l l ~ i t ~ d \,i i l l ( T,pqis!alurc of ilir State of Tarn'l Nadu ,'

1 1 , ] I - i \ l l ~ 'I.rii of /,lie Ilepublic of India as follows :- A . *-. .

I I c. :ci:lo,.,trz I l c t 1 ) f tile I'arnil Nadu Legislature received I

r l A ; i .' v C;ovcriior 011 the 30th July 1985 : O I . i~l!:trrnallun .-

1 : T I 1 , / : I I r ti, i ~ i r r , ~ ~ c d ~ I I P . I l ( l d r i~~ City Police Act , 1888 and 1 1 1 ~ 7'(r.~rcL -\.nrll~ l l i , s ~ r i ~ t Police Act , 1859. !

1 , , , t , c,I , (~ C ( I , , I ~ ~ P ? I C P ) W P ~ Z ~ . - !1) '1 1x1s A c t mav ue , I , , , j Y 1 , i d [he Tzrnil Wadu District ~ J , , I , . !, lf; , ,! , , i i , {,I,[ t . j ~ t , 1983.

, i , , , i , l . 1 1 1 1 , ) / ,)~-cc 111, :,110 date a4 the State F ; , , ~ , : ) , , ) c , f , [ ? , , , ~ i . ,!OI i l : ( z :~ ( io r~ . c t ] ) [ ) ~ i ~ l t .

(,+$, c , ll;-i) \ '-: : a - 5 (2$13)--1 F 19) 1 I ,I *'

- A , Tamil Nadu Act 111 of 1888.- ity Police Act, 4 8?8 (Tamil Nadu

e 1st April 1960 " .shall be omitted;

e8 Explanation shall he omitted.

er &ub-scction, (1)' as so amended, the following sub- be inserted, namely :-

4.-A) .Whenever the Cornnlisr loner I-13s reason to t any person i n the. City of Madras who has been of an offence. ander sedtion 135 of ::11e Customs . ~ i . t . tra'l 'Act, 52 of 1960) ;,: ~i l ;~!v ~ q ~ i r l t o engage himself

ornrniss~on:,af the offence for which he was convicted. missioner may, by an order in writing signed bv' him,

11 person to renlove himseIf outside the said. city and t or dist;:icts 'or a n y part thereof contiguous t;hereto,

te q-ithin such time as rnay be specified in the

T h q order undd; sub-sectlion '(1) or sub-sect,ion !I-AI

sub-sections (3, (3), (4), ( 5 ) and (61, after the es1)rt.s-

i

S. VADIVELU, Commissioner and Secretary ,to Governrnc,,i,

Law Department. ..

D U Y ' THE DIRECTOR OF PTATloNWRY :AND PRTNTING Ilb1.Y ' W5 TBE OO&%~NMI$;J: '7%- ~ i i b ~ i NADU

The following Act of the Tamil Nadu Legislative Assembly received the sent of the Govsrnor on ths 9th December 1995 ar,d is hereby published r general information :-

ACT No. 41 OF 1995.

An Act furlher to nmend tlie Mcdrcrs City Police Act, lS8X. ?. - - - -. - V 7 . 8

BE it enacted by the Legislative Assembly of the State of' Tamil Nac! u in t h e Forty-sixth Year of the Republic Of India as follows :-

commencement.

(1) It shall come into force at once. _I_

n 2. For section 35 of the Madras City Police Act, 1888 (hereinafter referred Substitution of , to ;is the principal Act), the following section shall be substituted, namely :- section 35.

"35. ~ a ~ ~ n ~ ~ i t o ~ e ~ , hotels, fencing-~chools, etc., to be licen~.ed.-No e n c h e d plaec or building shall be used as an eatinphouse, cotfee.~house, 1)oading-house, lodging-house, hotel, gy~~~nasium or f e n c i ~ ~ ~ - s c h o ~ l without a licenu: obtit~ned from the Commissioner :

[ ' ~ O ~ i l l e r l that nothing in this section shall apply to any €1 ,I-.asium or fencing- school of any educational institution controlleci or recogsised LY th : Govern-

Amendment of section 36.

(BY Orciej cf trio Gove:,nor)

M. MUNLRAMAN, Scc~.etnry to Government,

L alv Department.

Grosp) IV-2 Ex. (607) -5

The following Aob of the Tad Nacln L,sgilslative Assembly raosived the assent of Bhe Governor on the 16th June 1998 and is hereby publiihed for general laformation :-

ACTNo. 18 OF1998

(2) It shall oonp into force on such date as the State Government may, by ootification, appant.

(By order of the Governor)

Short title and Cq-

A. K. RAJAN, SecretcvY tb Oovement , L4w Department

The following Act of the Tamii Nadu Legislative Assembly received the assent of the Governor on the 12th March 1999 and is hereby published for general information ;-

#;--4' " " %. . ACT No. 1 OF 1999.

An Act furthcr to arnrPl'dOth? Chennai City Policr Act, 188F. 11:

I 1 Be it, enacted by the Legisiative' Asseinbly of the State of Tamil Nnd~l in the I '

!,a .- Fiftieth Year of the Republic of India as follows :- :'

'hort title atzd 1. (i) This Act may be called the Cl~ennai City Police;(Ameitd-ne11t) Act, 1999. o n ~ m n c r m v t .

(ii) It shall come illto fcrce on such date as the State Ccvernment may, by .notification, appoint.

ca:,i ; I

r c t 2 ! h n d m e n t of 2, 111 sectio!l 35 of t!lc: ~ilell l la~ Cit;. n!.'if.(. \ct, 1888, t h ~ cxprcssion I 1 39.4 rectiun 35. "'coffee-house" shall be omitted. .4ct Ili (11 i s::x.

(By order of the Governor)

K. PARTHASARATHY, Secretary to Govrtnmerlr, t a r o D c p , ~ , c r . .,

I The following Act of the Tamil Nadu Legislative A~sembly received the assent of

the Governor on the 16th November 2007 and is hereby published for general information:-

\

ACT No. 43 OF 2007.

An Act further to amend the Chennai City Police Act, 1888.

BE it enacted by the Legislative Assembly af the State of Tamil Nadu in the Fifty-eighth Year of t t~e Republic of India as follows:-

Short title and 1. (1) This Act may be called the Chennai City Police (Amendment) Act, 2007. commence- m @.

(2) It shall be deemed to have come into force on the 8th September 2007.

Substitution of section 35. gubstituted, namely:-

"35. Fencing-schools and gymnasium to be licensed.-(?) No enclosed place or building shall be used as a fencing-school or gymnasi~lm without a licence obtained from the Commissioner:

Provided that nothing in this section shall apply to any fencing-school or gymnasium of any educational institution controlled or recognized by the State Government.

(2) No enclosed place or building shall be used as an eating-house, boarding-house, lodging-house or hotel without obtaining a no objection certificate from the Commissioner 'in regard to traffic clearance by the Municipal Corporation for the grant of a licence, for the first time, under the relevant City Municipal Corporation Act.

Explanation.-For the purpose of this sub-section, "relevant City Municipal Corporation Act" means-

(1) The Chennai City Municipal Corporation Act, 1919:

(2) The Madurai City Municipal Corporation Act. 1971;

(3) The Coimbatore City Municipal Corporation Act, 1981;

(4) The Tiruchirappalli City Municipal Corporation Act, 1994;

(5) The Tirunctlveli City Municipal Corporation Act. 1994; and

(6) The Salem City Municipal Corporation Act, 1994.".

I

(By Order of the Governor)

S. DHEENADHAYALAN, Secretary to Government-in-charge,

Law Deportment.